II
110th CONGRESS
2d Session
S. 3684
IN THE SENATE OF THE UNITED STATES
November 17 (legislative day, September 17), 2008
Ms. Mikulski (for herself, Mr. Bond, Mr. Levin, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986 to allow an above-the-line deduction against individual income tax for interest on indebtedness and for State sales and excise taxes with respect to the purchase of certain motor vehicles.
Above-the-line deduction for interest on indebtedness with respect to the purchase of certain motor vehicles
In general
Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 is amended—
by striking
and
at the end of subparagraph (E),
by striking the
period at the end of subparagraph (F) and inserting , and
,
and
by adding at the end the following new subparagraph:
any qualified motor vehicle interest (within the meaning of paragraph (5).
.
Qualified motor vehicle interest
Section 163(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
Qualified motor vehicle interest
For purposes of this subsection—
In general
The term qualified motor vehicle interest means any interest which is paid or accrued during the taxable year on any indebtedness which—
is incurred after November 12, 2008, and before January 1, 2010, in acquiring any qualified motor vehicle of the taxpayer, and
is secured by such qualified motor vehicle.
Dollar limitation
The aggregate amount of indebtedness treated as described in subparagraph (A) for any period shall not exceed $49,500 ($24,750 in the case of a separate return by a married individual).
Income limitation
The amount otherwise treated as interest under subparagraph (A) for any taxable year (after the application of subparagraph (B)) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as—
the excess (if any) of—
the taxpayer's modified adjusted gross income for such taxable year, over
$125,000 ($250,000 in the case of a joint return), bears to
$10,000.
Qualified motor vehicle
The term qualified motor vehicle means a passenger automobile (within the meaning of section 30B(h)(3)) or a light truck (within the meaning of such section)—
which is acquired for use by the taxpayer and not for resale after November 12, 2008, and before January 1, 2010,
the original use of which commences with the taxpayer, and
which has a gross vehicle weight rating of not more than 8,500 pounds.
.
Deduction allowed above-the-line
Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph:
Qualified motor vehicle interest
The deduction allowed under section 163 by reason of subsection (h)(2)(G) thereof.
.
Reporting of qualified motor vehicle interest
In general
Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
Returns relating to qualified motor vehicle interest received in trade or business from individuals
Qualified motor vehicle interest
Any person—
who is engaged in a trade or business, and
who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any indebtedness secured by a qualified motor vehicle (as defined in section 163(h)(5)(D)),
Form and manner of returns
A return is described in this subsection if such return—
is in such form as the Secretary may prescribe,
contains—
the name and address of the individual from whom the interest described in subsection (a)(2) was received,
the amount of such interest received for the calendar year, and
such other information as the Secretary may prescribe.
Application to governmental units
For purposes of subsection (a)—
Treated as persons
The term person includes any governmental unit (and any agency or instrumentality thereof).
Special rules
In the case of a governmental unit or any agency or instrumentality thereof—
subsection (a) shall be applied without regard to the trade or business requirement contained therein, and
any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return.
Statements To Be furnished to individuals with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
the name, address, and phone number of the information contact of the person required to make such return, and
the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished.
Returns which would be required To be made by 2 or more persons
Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).
.
Amendments relating to penalties
Section
6721(e)(2)(A) of such Code is amended by striking or 6050L
and
inserting 6050L, or 6050X
.
Section
6722(c)(1)(A) of such Code is amended by striking or 6050L(c)
and inserting 6050L(c), or 6050X(d)
.
Subparagraph (B) of section 6724(d)(1) of such Code is amended by redesignating clauses (xvi) through (xxii) as clauses (xvii) through (xxiii), respectively, and by inserting after clause (xii) the following new clause:
section 6050X (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals),
.
Paragraph (2) of
section 6724(d) of such Code is amended by striking the period at the end of
subparagraph (DD) and inserting , or
and by inserting after
subparagraph (DD) the following new subparagraph:
section 6050X(d) (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals).
.
Clerical amendment
The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050W the following new item:
Sec. 6050X. Returns relating to qualified motor vehicle interest received in trade or business from individuals.
.
Above-the-line deduction for State sales tax and excise tax on the purchase of certain motor vehicles
In general
Subsection (a) of section 164 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph:
Qualified motor vehicle taxes.
.
Qualified motor vehicle taxes
Subsection (b) of section 164 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
Qualified motor vehicle taxes
In general
For purposes of this section, the term qualified motor vehicle taxes means any State or local sales or excise tax imposed on the purchase of a qualified motor vehicle (as defined in section 163(h)(5)(D)).
Income limitation
The amount otherwise taken into account under subparagraph (A) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as—
the excess (if any) of—
the taxpayer's modified adjusted gross income for such taxable year, over
$125,000 ($250,000 in the case of a joint return), bears to
$10,000.
Qualified motor vehicle taxes not included in cost of acquired property
The last sentence of subsection (a) shall not apply to any qualified motor vehicle taxes.
Coordination with general sales tax
This paragraph shall not apply in the case of a taxpayer who makes an election under paragraph (5) for the taxable year.
.
Conforming amendments
Paragraph (5) of section 163(h) of the Internal Revenue Code of 1986, as added by section 1, is amended—
by adding at the end the following new subparagraph:
Exclusion
If the indebtedness described in subparagraph (A) includes the amounts of any State or local sales or excise taxes paid or accrued by the taxpayer in connection with the acquisition of a qualified motor vehicle, the aggregate amount of such indebtedness taken into account under such subparagraph shall be reduced, but not below zero, by the amount of any such taxes for which a deduction is allowed under section 164(a) by reason of paragraph (6) thereof.
, and
by inserting
, after the application of subparagraph (E),
after for
any period
in subparagraph (B).
Deduction allowed above-the-line
Section 62(a) of the Internal Revenue Code of 1986, as amended by section 1, is amended by inserting after paragraph (22) the following new paragraph:
Qualified motor vehicle taxes
The deduction allowed under section 164 by reason of subsection (a)(6) thereof.
.