II
111th CONGRESS
1st Session
S. 2851
IN THE SENATE OF THE UNITED STATES
December 8, 2009
Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To make permanent certain education tax incentives, to modify rules relating to college savings plans, and for other purposes.
Amendment of 1986 Code
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
Permanent extension and increase of American Opportunity Tax Credit
Permanent extension of credit; increase of credit amount
Section 25A is amended—
by striking
$1,000
each place it appears in subsection (b)(1) and inserting
$2,000
,
by striking
the applicable limit
in subsection (b)(1)(B) and inserting
$4,000
,
by striking paragraph (4) of subsection (b),
by striking
2 taxable
years
in the heading of subparagraph (A) of subsection
(b)(2) and inserting 4
taxable years
,
by striking
2 prior taxable years
in subsection (b)(2)(A) and inserting
4 prior taxable years
,
by striking
2
years
in the heading of subparagraph (C) of subsection
(b)(2) and inserting 4
years
,
by striking
first 2 years
in subsection (b)(2)(C) and inserting first
4 years
,
by striking
tuition and fees
in subparagraph (A) of subsection (f)(1) and
inserting tuition, fees, and course materials
,
by striking paragraphs (1) and (2) of subsection (d) and inserting the following new paragraphs:
Hope Scholarship Credit
The amount which would (but for this paragraph) be taken into account under paragraph (1) of subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as—
the excess of—
the taxpayer's modified adjusted gross income for such taxable year, over
$80,000 ($160,000 in the case of a joint return), bears to
$10,000 ($20,000 in the case of a joint return).
Lifetime learning credit
The amount which would (but for this paragraph) be taken into account under paragraph (2) of subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as—
the excess of—
the taxpayer's modified adjusted gross income for such taxable year, over
$40,000 ($80,000 in the case of a joint return), bears to
$10,000 ($20,000 in the case of a joint return).
,
by striking
Dollar limitation on
amount of credit
in the heading of paragraph (1) of
subsection (h) and inserting Hope Scholarship Credit
,
by striking
2001
in subsection (h)(1)(A) and inserting
2011
,
by striking
the $1,000 amounts under subsection (b)(1)
in subsection
(h)(1)(A) and inserting the dollar amounts under subsections (b)(1) and
(d)(1)
,
by striking
calendar year 2000
in subsection (h)(1)(A)(ii) and inserting
calendar year 2010
,
by striking
If any amount
and all that follows in subparagraph (B) of
subsection (h)(1) and inserting If any amount under subsection (b)(1) as
adjusted under subparagraph (A) is not a multiple of $100, such amount shall be
rounded to the next lowest multiple of $100. If any amount under subsection
(d)(1) as adjusted under subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of $1,000.
,
by inserting
of Lifetime Learning
Credit
after Income limits
in the heading of paragraph
(2) of subsection (h),
by adding at the end of subsection (b) the following new paragraphs:
Credit allowed against alternative minimum tax
In the case of a taxable year to which section 26(a)(2) does not apply, so much of the credit allowed under subsection (a) as is attributable to the Hope Scholarship Credit shall not exceed the excess of—
the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
the sum of the credits allowable under this subpart (other than this subsection and sections 23, 25D, and 30D) and section 27 for the taxable year.
Portion of credit made refundable
40 percent of so much of the credit allowed under subsection (a) as is attributable to the Hope Scholarship Credit (determined after the application of subsection (d)(1) and without regard to this paragraph and section 26(a)(2) or paragraph (4), as the case may be) shall be treated as a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year.
, and
by striking subsection (i).
Conforming amendments
Section
24(b)(3)(B) is amended by striking 25A(i)
and inserting
25A(b)
.
Section 25(e)(1)(C)(ii) is amended by
striking 25A(i)
and inserting 25A(b)
.
Section 26(a)(1) is amended by striking
25A(i)
and inserting 25A(b)
.
Section 25B(g)(2) is amended by striking
25A(i)
and inserting 25A(b)
.
Section 904(i) is amended by striking
25A(i)
and inserting 25A(b)
.
Section 1400C(d)(2) is amended by striking
25A(i)
and inserting 25A(b)
.
Section
6211(b)(4)(A) is amended by striking 25A by reason of subsection (i)(6)
thereof
and inserting 25A by reason of subsection (b)(5)
thereof
.
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2010.
Application of EGTRRA sunset
The amendment made by subsection (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.
Permanent extension of certain EGTRRA provisions relating to education
In general
Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by sections 401, 402, 411, 412, 413, and 431 of such Act.
Conforming amendment
Section 222 is amended by striking subsection (e).
Effective date
The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2009.
Permanent extension of deduction for certain expenses of elementary and secondary school teachers
In general
Subparagraph (D) of section 62(a)(2) is amended by
striking during 2002, 2003, 2004, 2005, 2006, 2007, 2008, or
2009
and inserting after 2001
.
Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2009.
Permanent extension of qualified zone academy bonds
In general
Paragraph (1) of
section 54E(c) is amended by striking and, except as provided in
paragraph (4), zero thereafter
and inserting and, except as
provided in paragraph (5), $700,000,000 for each calendar year
thereafter
.
Inflation adjustment
Subsection (c) of section 54E is amended by adding at the end the following new paragraph:
Inflation adjustment
In the case of any calendar year after 2011, the $700,000,000 amount in paragraph (1) shall be increased by an amount equal to—
such amount, multiplied by
the
cost-of-living adjustment determined under section 1(f)(3) for such calendar
year by substituting calendar year 2010
for calendar year
1992
in subparagraph (B) thereof.
.
Credits not To be stripped
Section 54E is amended by adding at the end the following new subsection:
Credits not To be stripped
Subsection (i) of section 54A shall not apply with respect to any qualified zone academy bond.
.
Davis-Bacon rules not To apply to QZABs or school construction bonds
Section
1601 of the American Recovery and Reinvestment Act of 2009 is amended by
striking paragraphs (3) and (4), by inserting and
at the end of
paragraph (2), and by redesignating paragraph (5) as paragraph (3).
Effective dates
In general
Except as provided in paragraph (2), the amendments made by this section shall apply to obligations issued after December 31, 2010.
Davis-Bacon rules
The amendments made by subsection (d) shall apply to obligations issued after the date of the enactment of this Act.
Permanent extension of school construction bonds
In general
Subsection (c) of section 54F is amended—
by striking paragraph (3),
by inserting
and
at the end of paragraph (1), and
by striking
for 2010, and
in paragraph (2) and inserting
thereafter.
.
Allocations for Indian schools
Paragraph (4) of section 54F(d) is amended by
striking for calendar year 2010
and inserting for each
calendar year after 2009
.
Extension of small issuer exception
In general
Clause (vii) of section 148(f)(4)(D) is amended by
striking $10,000,000
and inserting
$15,000,000
.
Elimination of EGTRRA sunset
Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 421 of such Act.
Credits not To be stripped
Section 54F is amended by adding at the end the following new subsection:
Credits not To be stripped
Subsection (i) of section 54A shall not apply with respect to any qualified school construction bond.
.
Effective date
The amendments made by this section shall apply to obligations issued after December 31, 2010.
Permanent extension and modification of section 529 rules
In general
Clause (iii) of
section 529(e)(3)(A) is amended by striking in 2009 or
2010
.
Ability To change investment options
Subsection (e) of section 529 is amended by adding at the end the following new paragraph:
Allowable change of investment options
A program shall not fail to be treated as meeting the requirements of subsection (b)(4) merely because such program allows a designated beneficiary to change investment options under the plan not more than 4 times per year.
.
Effective dates
Extension
The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2010.
Investment options
The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2009.