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.
Income of partners for performing investment management services treated as ordinary income received for performance of services
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:
Special rules for partners providing investment management services to partnership
Treatment of distributive share of partnership items
For purposes of this title, in the case of an investment services partnership interest—
In general
Notwithstanding section 702(b)—
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
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.
Treatment of losses
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—
the aggregate net income with respect to such interest for all prior partnership taxable years, over
the aggregate net loss with respect to such interest not disallowed under this subparagraph for all prior partnership taxable years.
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.
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).
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.
Net income and loss
For purposes of this section—
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—
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
all items of deduction and loss so taken into account.
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).
Dispositions of partnership interests
Gain
Any gain on the disposition of an investment services partnership interest shall be treated as ordinary income for the performance of services.
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—
the aggregate net income with respect to such interest for all partnership taxable years, over
the aggregate net loss with respect to such interest allowed under subsection (a)(2) for all partnership taxable years.
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.
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.
Investment services partnership interest
For purposes of this section—
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:
Advising the partnership as to the value of any specified asset.
Advising the partnership as to the advisability of investing in, purchasing, or selling any specified asset.
Managing, acquiring, or disposing of any specified asset.
Arranging financing with respect to acquiring specified assets.
Any activity in support of any service described in subparagraphs (A) through (D).
Exception for certain capital interests
In general
If—
a portion of an investment services partnership interest is acquired on account of a contribution of invested capital, and
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,
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.
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.
.
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:
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).
.
Conforming amendments
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
.
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.
Paragraph (13) of section 1402(a) of such Code is amended—
by striking
other than guaranteed
and inserting
other than—
guaranteed
,
by striking the
semi-colon at the end and inserting , and
, and
by adding at the end the following new subparagraph:
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);
.
Paragraph (12) of section 211(a) of the Social Security Act is amended—
by striking
other than guaranteed
and inserting
other than—
guaranteed
,
by striking the
semi-colon at the end and inserting , and
, and
by adding at the end the following new subparagraph:
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;
.
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:
.