I
111th CONGRESS
1st Session
H. R. 3841
IN THE HOUSE OF REPRESENTATIVES
October 15, 2009
Mr. Schrader 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 repeal carryover basis for decedents dying in 2009, to increase the estate tax exemption to $5,000,000, and to reduce the maximum estate and gift tax rate to 45 percent.
Short title
This Act may be cited as the Small
Business and Family Farm Estate Tax Relief Act of 2009
.
Retention of estate tax; repeal of carryover basis
In general
Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted.
Sunset not To apply
Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act.
Conforming amendments
Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted.
Modifications to estate and gift tax
$5,000,000 applicable exclusion amount
Subsection (c) of section 2010 of the
Internal Revenue Code of 1986 (relating to applicable credit amount) is amended
by striking all that follows the applicable exclusion amount
and
inserting . For purposes of the preceding sentence, the applicable
exclusion amount is $5,000,000.
.
Freeze maximum estate and gift tax rates at 45 percent
Paragraph (1) of section 2001(c) of such Code is amended by striking the last 3 items in the table and inserting the following new item:
| Over $1,500,000 | $555,800, plus 45 percent of the excess of such amount over $1,500,000. |
.
Effective date
The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2009.