H.R. 2834House110th Congress (2007-2009)In Committee

To amend the Internal Revenue Code of 1986 to treat income received by partners for performing investment management services as ordinary income received for the performance of services.

Introduced June 22, 2007

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

June 22, 2007

View full timeline
HouseIntro Referral

Introduced in House

June 22, 2007

HouseIntro Referral

Referred to the House Committee on Ways and Means.

June 22, 2007

Floor Debate

17 members

What members said about H.R. 2834 on the floor

3 Republicans14 Democrats
Jim McCrery
Rep. Jim McCreryR-LA-4 · Dec 12, 2007

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong opposition to the bill before us today, just as I did the last time this bill was on the floor. It is not exactly…

Jim McCrery
Rep. Jim McCreryR-LA-4 · Nov 9, 2007

Mr. Speaker, I yield myself so much time as I may consume. Mr. Speaker, my good friend, the distinguished chairman of the Ways and Means Committee, Mr. Rangel, makes a number of points in support of…

Jim McCrery
Rep. Jim McCreryR-LA-4 · Jun 25, 2008

Mr. Speaker, I yield myself such time as I may consume. Today's bill, Mr. Speaker, represents a clear difference between the two parties in the House when it comes to tax policy. Republicans believe…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Nov 9, 2007

I thank the gentleman for yielding. Mr. Speaker, this debate must be somewhat confusing for the American public. First of all, almost every one of us stands and says that we want the alternative…

Richard E. Neal
Rep. Richard E. NealD-MA-2 · Dec 12, 2007

Mr. Speaker, I yield myself such time as I might consume. I rise in support of the AMT Relief Act of 2007. We are here again in an effort to protect 23 million American taxpayers from higher taxes on…

Show 8 more
James P. Moran
Rep. James P. MoranD-VA-8 · Nov 9, 2007

Mr. Speaker, I rise today in strong support of H.R. 3996, the Temporary Tax Relief Act of 2007. This bill will bring relief to tens of millions of hardworking American families, including nearly…

Richard E. Neal
Rep. Richard E. NealD-MA-2 · Nov 9, 2007

Mr. Speaker, one of the things I'm going to do today after listening to my friend, Mr. McCrery, is to go back to my office and call Citigroup, that holds my mortgage, and I'm going to apply that…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Nov 9, 2007

Mr. Speaker, pursuant to House Resolution 809, I call up the bill (H.R. 3996) to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes, and ask for its…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Dec 12, 2007

I thank my friend from Massachusetts (Mr. Neal). I want to say at the outset that I am pleased that Mr. McCrery is on the floor. There will be other times to say this, but Mr. McCrery is one of the…

Mark Udall
Rep. Mark UdallD-CO-2 · Nov 9, 2007

Mr. Speaker, I will vote for this bill because of the urgent need to protect middle-income families from a massive tax increase that will hit them if we do not act to adjust the Alternative Minimum…

Earl Pomeroy
Rep. Earl PomeroyD-ND · Nov 9, 2007

I thank the gentleman for yielding. Mr. Speaker, I find this debate absolutely incredible. If you pull it up on the Treasury Department's own Web site, the national debt of our Nation this past week…

Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Nov 9, 2007

I thank my chairman for giving me this opportunity to be heard. You know, my friend from New York, I tried to feel what he was saying to me. And it was emotional and everything, but it did not speak…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Jun 25, 2008

Mr. Speaker, I call up the bill (H.R. 6275) to amend the Internal Revenue Code of 1986 to provide individuals temporary relief from the alternative minimum tax, and for other purposes, and ask for…

Show 11 more
John A. Boehner
Rep. John A. BoehnerR-OH-8 · Nov 9, 2007

Let me thank my colleague from Louisiana for yielding. Let me say with all the gratitude I have, I love the chairman of the Ways and Means Committee. He knows I do. I think he and the gentleman from…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Nov 9, 2007

Mr. Speaker, I rise today in strong support of H.R. 3996, the Temporary Tax Relief Act of 2007, introduced by my distinguished colleague from New York, Representative Charles Rangel. I would like to…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Nov 9, 2007

I thank the gentleman for his leadership on the Ways and Means Committee. I commend the distinguished chairman of the Ways and Means Committee, and respect the leadership also of the distinguished…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Dec 12, 2007

Mr. Speaker, I thank the distinguished gentleman, Mr. Neal, chairman of the subcommittee for yielding and also for his great leadership on issues that regard strengthening the middle class and…

Sander M. Levin
Rep. Sander M. LevinD-MI-12 · Jun 25, 2008

Mr. Speaker, I rise in strong support of the AMT Relief Act. Once again, we are considering a one-year ``patch'' for the AMT. This bill will protect over 25 million families who would otherwise be…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Dec 12, 2007

Mr. Speaker, pursuant to House Resolution 861, I call up the bill (H.R. 4351) to amend the Internal Revenue Code of 1986 to provide individuals temporary relief from the alternative minimum tax, and…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Nov 9, 2007

Mr. Speaker, I rise today to voice my strong support for the Temporary Tax Relief Act, H.R. 3996. This comprehensive legislation will provide fiscally responsible tax relief for hard- working,…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Nov 9, 2007

Mr. Speaker, I just want to say what the real issue here is. The Republicans are willing to say that 50,000 rich fat cats are more important than 21 million middle-class folks in this country. Now,…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Dec 12, 2007

Let me put this in context. Mr. Speaker, the distinguished Speaker of the House came to the floor and said, we're providing tax relief for people. No, we're not. This isn't tax relief. What this bill…

Ron Kind
Rep. Ron KindD-WI-3 · Nov 9, 2007

Mr. Speaker, I rise today in support of H.R. 3996, the Temporary Tax Relief Act of 2007. As a member of the Ways and Means Committee, I am proud to have helped craft this very important tax bill that…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · Nov 9, 2007

Mr. Speaker, I want to associate my words with the gentleman, my good friend from Wisconsin, also. You say ``tomato,'' he says ``tomato.'' You call it tax relief; you call it tax cut. You make the…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued June 22, 2007

I

110th CONGRESS

1st Session

H. R. 2834

IN THE HOUSE OF REPRESENTATIVES

June 22, 2007

Mr. Levin (for himself, Mr. Rangel, Mr. Stark, Mr. McDermott, Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mr. Pomeroy, Mrs. Jones of Ohio, Mr. Larson of Connecticut, Mr. Blumenauer, Mr. Kind, Mr. Pascrell, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to treat income received by partners for performing investment management services as ordinary income received for the performance of services.

1.

Income of partners for performing investment management services treated as ordinary income received for performance of services

(a)

In general

Part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new section:

710.

Special rules for partners providing investment management services to partnership

(a)

Treatment of distributive share of partnership items

For purposes of this title, in the case of an investment services partnership interest—

(1)

In general

Notwithstanding section 702(b)—

(A)

any net income with respect to such interest for any partnership taxable year shall be treated as ordinary income for the performance of services, and

(B)

any net loss with respect to such interest for such year, to the extent not disallowed under paragraph (2) for such year, shall be treated as an ordinary loss.

(2)

Treatment of losses

(A)

Limitation

Any net loss with respect to such interest shall be allowed for any partnership taxable year only to the extent that such loss does not exceed the excess (if any) of—

(i)

the aggregate net income with respect to such interest for all prior partnership taxable years, over

(ii)

the aggregate net loss with respect to such interest not disallowed under this subparagraph for all prior partnership taxable years.

(B)

Carryforward

Any net loss for any partnership taxable year which is not allowed by reason of subparagraph (A) shall be treated as an item of loss with respect to such partnership interest for the succeeding partnership taxable year.

(C)

Basis adjustment

No adjustment to the basis of a partnership interest shall be made on account of any net loss which is not allowed by reason of subparagraph (A).

(D)

Prior partnership years

Any reference in this paragraph to prior partnership taxable years shall only include prior partnership taxable years to which this section applies.

(3)

Net income and loss

For purposes of this section—

(A)

Net income

The term net income means, with respect to any investment services partnership interest, for any partnership taxable year, the excess (if any) of—

(i)

all items of income and gain taken into account by the holder of such interest under section 702 with respect to such interest for such year, over

(ii)

all items of deduction and loss so taken into account.

(B)

Net loss

The term net loss means with respect to such interest for such year, the excess (if any) of the amount described in subparagraph (A)(ii) over the amount described in subparagraph (A)(i).

(b)

Dispositions of partnership interests

(1)

Gain

Any gain on the disposition of an investment services partnership interest shall be treated as ordinary income for the performance of services.

(2)

Loss

Any loss on the disposition of an investment services partnership interest shall be treated as an ordinary loss to the extent of the excess (if any) of—

(A)

the aggregate net income with respect to such interest for all partnership taxable years, over

(B)

the aggregate net loss with respect to such interest allowed under subsection (a)(2) for all partnership taxable years.

(3)

Disposition of portion of interest

In the case of any disposition of an investment services partnership interest, the amount of net loss which otherwise would have (but for subsection (a)(2)(C)) applied to reduce the basis of such interest shall be disregarded for purposes of this section for all succeeding partnership taxable years.

(4)

Distributions of partnership property

In the case of any distribution of appreciated property by a partnership with respect to any investment services partnership interest, gain shall be recognized by the partnership in the same manner as if the partnership sold such property at fair market value at the time of the distribution. For purposes of this paragraph, the term appreciated property means any property with respect to which gain would be determined if sold as described in the preceding sentence.

(c)

Investment services partnership interest

For purposes of this section—

(1)

In general

The term investment services partnership interest means any interest in a partnership which is held by any person if such person provides (directly or indirectly), in the active conduct of a trade or business, a substantial quantity of any of the following services to the partnership:

(A)

Advising the partnership as to the value of any specified asset.

(B)

Advising the partnership as to the advisability of investing in, purchasing, or selling any specified asset.

(C)

Managing, acquiring, or disposing of any specified asset.

(D)

Arranging financing with respect to acquiring specified assets.

(E)

Any activity in support of any service described in subparagraphs (A) through (D).

For purposes of this paragraph, the term specified asset means securities (as defined in section 475(c)(2) without regard to the last sentence thereof), real estate, commodities (as defined in section 475(e)(2))), or options or derivative contracts with respect to securities (as so defined), real estate, or commodities (as so defined).
(2)

Exception for certain capital interests

(A)

In general

If—

(i)

a portion of an investment services partnership interest is acquired on account of a contribution of invested capital, and

(ii)

the partnership makes a reasonable allocation of partnership items between the portion of the distributive share that is with respect to invested capital and the portion of such distributive share that is not with respect to invested capital,

then subsection (a) shall not apply to the portion of the distributive share that is with respect to invested capital. An allocation will not be treated as reasonable for purposes of this subparagraph if such allocation would result in the partnership allocating a greater portion of income to invested capital than any other partner not providing services would have been allocated with respect to the same amount of invested capital.
(B)

Special rule for dispositions

In any case to which subparagraph (A) applies, subsection (b) shall not apply to any gain or loss allocable to invested capital. The portion of any gain or loss attributable to invested capital is the proportion of such gain or loss which is based on the distributive share of gain or loss that would have been allocable to invested capital under subparagraph (A) if the partnership sold all of its assets immediately before the disposition.

(C)

Invested capital

For purposes of this paragraph, the term invested capital means, the fair market value at the time of contribution of, any money or other property contributed to the partnership.

.

(b)

Application to real estate investment trusts

Subsection (c) of section 856 of such Code is amended by adding at the end the following new paragraph:

(8)

Exception from recharacterization of income from investment services partnership interests

Paragraphs (2), (3), and (4) shall be applied without regard to section 710 (relating to special rules for partners providing investment management services to partnership).

.

(c)

Conforming amendments

(1)

Subsection (d) of section 731 of such Code is amended by inserting section 710(b)(4) (relating to distributions of partnership property), before section 736.

(2)

Section 741 of such Code is amended by inserting or section 710 (relating to special rules for partners providing investment management services to partnership) before the period at the end.

(3)

Paragraph (13) of section 1402(a) of such Code is amended—

(A)

by striking other than guaranteed and inserting

other than—

(A)

guaranteed

,

(B)

by striking the semi-colon at the end and inserting , and, and

(C)

by adding at the end the following new subparagraph:

(B)

any income treated as ordinary income under section 710 received by an individual who provides a substantial quantity of the services described in section 710(c)(1);

.

(4)

Paragraph (12) of section 211(a) of the Social Security Act is amended—

(A)

by striking other than guaranteed and inserting

other than—

(A)

guaranteed

,

(B)

by striking the semi-colon at the end and inserting , and, and

(C)

by adding at the end the following new subparagraph:

(B)

any income treated as ordinary income under section 710 of the Internal Revenue Code of 1986 received by an individual who provides a substantial quantity of the services described in section 710(c)(1) of such Code;

.

(5)

The table of sections for part I of subchapter K of chapter 1 of such Code is amended by adding at the end the following new item:

.