H.R. 16House112th Congress (2011-2013)In Committee

Sensible Estate Tax Relief Act of 2012

Introduced July 30, 2012

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

July 30, 2012

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HouseIntro Referral

Introduced in House

July 30, 2012

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

July 30, 2012

Floor Debate

24 members

What members said about H.R. 16 on the floor

12 Republicans12 Democrats
Dave Camp
Rep. Dave CampR-MI-4 · Aug 1, 2012

Mr. Speaker, pursuant to House Resolution 747, I call up the bill (H.R. 8) to extend certain tax relief provisions enacted in 2001 and 2003, and for other purposes, and ask for its immediate…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Aug 1, 2012

I thank my colleague for yielding me the time, and I yield myself such time as I may consume. Madam Speaker, under the rule before us today, we will choose between two starkly different visions for…

Tim Scott
Rep. Tim ScottR-SC-1 · Aug 1, 2012

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 747 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Aug 1, 2012

Madam Speaker, although I have great affection for the gentleman from South Carolina, I am so enthusiastic that Ranking Member Slaughter is managing this bill. I rise in great opposition to H.R. 8,…

Robert E. Andrews
Rep. Robert E. AndrewsD-NJ-1 · Aug 1, 2012

I thank my friend for yielding. Madam Speaker, Americans who served on the school board or a parents council or the board of trustees, their fire company, that have ever had a dispute about what to…

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Sander M. Levin
Rep. Sander M. LevinD-MI-12 · Aug 1, 2012

Mr. Speaker, I yield myself such time as I may consume. There is a choice to be made here, and it isn't what the chairman has put forth for one second. Everyone in this body agrees that we should…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Aug 1, 2012

I thank the gentleman for yielding. I also thank him for his legislation on the floor today, to strengthen the backbone of our democracy, the great American middle class. Today we can do just that by…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Aug 1, 2012

Designed to fail. That's what this bill is. It is designed to fail. Very frankly, you made sure that it was going to fail when you passed the amendment that added the reform bill and this bill…

Joseph Crowley
Rep. Joseph CrowleyD-NY-7 · Aug 1, 2012

I thank my good friend from Michigan for yielding me this time. I rise in strong opposition to H.R. 8. The reason I oppose this bill is because this bill will impose taxes on hundreds of thousands of…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Aug 1, 2012

Mr. Speaker, I have a motion to recommit at the desk. Yes, I am. This is the final amendment to the bill. It won't kill the bill or send it back to committee. If adopted, the bill will be immediately…

Trey Gowdy
Rep. Trey GowdyR-SC-4 · Aug 1, 2012

Madam Speaker, I want to thank my good friend and colleague, Tim Scott. And I was in rapt attention when he was talking. It was almost as if he stole my thoughts. But I don't mind because he's a…

Richard B. Nugent
Rep. Richard B. NugentR-FL-5 · Aug 1, 2012

Madam Speaker, I want to thank my good friend and fellow Rules Committee member Tim Scott for allowing me to speak on this very important issue. This rule does something that is decades overdue. It…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Aug 1, 2012

I thank my colleague from South Carolina for yielding me the time. I don't actually have the words for this debate, so I had to bring something with me, Madam Speaker. What I brought are the very…

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Tom Reed
Rep. Tom ReedR-NY-29 · Aug 1, 2012

Mr. Speaker, I rise today in support of the proposed legislation to make sure that we do not increase taxes on any Americans come the end of this year. I think it's prudent, it's responsible, and…

John A. Boehner
Rep. John A. BoehnerR-OH-8 · Aug 1, 2012

I thank my friend for yielding, and remind my colleagues that for the last 18 months when we've been in the majority, we have focused on jobs. Now, the American people are still asking the question:…

Diane Black
Rep. Diane BlackR-TN-6 · Aug 1, 2012

Mr. Speaker, you know, when nearly 23 million Americans are struggling to find full-time employment, President Obama and his Democrat allies seem to think that now is the time to raise taxes on small…

Robert J. Dold
Rep. Robert J. DoldR-IL-10 · Aug 1, 2012

I certainly thank the chairman for his leadership on this. Mr. Speaker, I'm confused. I think my colleagues on the other side of the aisle haven't read what H.R. 8 is. They keep talking about how my…

Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · Aug 1, 2012

I thank the gentleman for yielding. I would like to pause and just listen and think through a couple of the arguments that we've been hearing over the past couple of weeks from our friends on the…

Steve King
Rep. Steve KingR-IA-5 · Aug 1, 2012

I thank the gentleman from South Carolina for yielding and for leading this reform debate for real tax reform. In the time I came to this Congress, I have made the pledge that I would push for tax…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Aug 1, 2012

Mr. Speaker, I rise in strong opposition to the Republican tax proposal. Their plan will give more tax breaks for the richest 2 percent, providing $160,000 for the average millionaire--on top of the…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · Aug 1, 2012

Mr. Speaker, it's very important everyone understand the choice that's facing the House today. The Democrats will offer an amendment that will immediately extend tax relief to 100 percent of American…

Richard E. Neal
Rep. Richard E. NealD-MA-2 · Aug 1, 2012

There's one indisputable fact in this debate today, and that is that the Bush tax cuts used borrowed money. How much sense did that make to borrow the money to give tax cuts to the wealthiest people…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Aug 1, 2012

Mr. Speaker, I rise in opposition to H.R. 8. I cannot support legislation that prioritizes millionaires over middle class families. By bringing this legislation to the floor, Republicans hold hostage…

James Lankford
Rep. James LankfordR-OK-5 · Aug 1, 2012

There has been a tremendous amount of rhetoric and hyperbole in the conversation today--all this energy about how we are trying to raise taxes on different groups. Let's clear this up. This is about…

Bill Text

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Introduced in HouseIssued July 30, 2012

I

112th CONGRESS

2d Session

H. R. 16

IN THE HOUSE OF REPRESENTATIVES

July 30, 2012

Mr. Levin (for himself, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Rangel, Mr. Lewis of Georgia, Mr. Neal, Mr. Larson of Connecticut, Mr. Crowley, Mr. Blumenauer, Mr. Pascrell, Mr. Van Hollen, and Mrs. Capps) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide estate, gift, and generation-skipping transfer tax relief.

1.

Short title

This Act may be cited as the Sensible Estate Tax Relief Act of 2012.

2.

Estate, gift, and generation-skipping transfer tax relief

(a)

Temporary extension

Section 901(a)(2) of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking December 31, 2012 and inserting December 31, 2013.

(b)

Modifications to estate tax

(1)

Exclusion amount

Paragraph (3) of section 2010(c) of the Internal Revenue Code of 1986 is amended to read as follows:

(3)

Basic exclusion amount

For purposes of this section, the basic exclusion amount is $3,500,000.

.

(2)

Maximum estate tax rate

The table in subsection (c) of section 2001 of such Code is amended by striking Over $500,000 and all that follows and inserting the following:

Over $500,000 but not over $750,000$155,800, plus 37 percent of the excess of such amount over $500,000.
Over $750,000 but not over $1,000,000$248,300, plus 39 percent of the excess of such amount over $750,000.
Over $1,000,000 but not over $1,250,000$345,800, plus 41 percent of the excess of such amount over $1,000,000.
Over $1,250,000 but not over $1,500,000$448,300, plus 43 percent of the excess of such amount over $1,250,000.
Over $1,500,000$555,800, plus 45 percent of the excess of such amount over $1,500,000.

.

(c)

Modifications of estate and gift taxes To reflect differences in credit resulting from different tax rates and exclusion amounts

(1)

Changing tax rates

Notwithstanding section 304 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 302(d) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.

(2)

Decreasing exclusions

(A)

Estate tax adjustment

Section 2001 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(h)

Adjustment To reflect changes in exclusion amount

(1)

In general

If, with respect to any gift to which subsection (b)(2) applies, the applicable exclusion amount in effect at the time of the decedent’s death is less than such amount in effect at the time such gift is made by the decedent, the amount of tax computed under subsection (b) shall be reduced by the amount of tax which would have been payable under chapter 12 at the time of the gift if the applicable exclusion amount in effect at such time had been the applicable exclusion amount in effect at the time of the decedent's death and the modifications described in subsection (g) had been applicable at the time of such gifts.

(2)

Limitation

The aggregate amount of gifts made in any calendar year to which the reduction under paragraph (1) applies shall not exceed the excess of—

(A)

the applicable exclusion amount in effect for such calendar year, over

(B)

the applicable exclusion amount in effect at the time of the decedent's death.

(3)

Applicable exclusion amount

The term applicable exclusion amount means, with respect to any period, the amount determined under section 2010(c) for such period, except that in the case of any period for which such amount includes the deceased spousal unused exclusion amount (as defined in section 2010(c)(4)), such term shall mean the basic exclusion amount (as defined under section 2010(c)(3), as in effect for such period).

.

(B)

Gift tax adjustment

Section 2502 of such Code is amended by adding at the end the following new subsection:

(d)

Adjustment To reflect changes in exclusion amount

(1)

In general

If the taxpayer made a taxable gift in an applicable preceding calendar period, the amount of tax computed under subsection (a) shall be reduced by the amount of tax which would have been payable under chapter 12 for such applicable preceding calendar period if the applicable exclusion amount in effect for such preceding calendar period had been the applicable exclusion amount in effect for the calendar year for which the tax is being computed and the modifications described in subsection (g) had been applicable for such preceding calendar period.

(2)

Limitation

The aggregate amount of gifts made in any applicable preceding calendar period to which the reduction under paragraph (1) applies shall not exceed the excess of—

(A)

the applicable exclusion amount for such preceding calendar period, over

(B)

the applicable exclusion amount for the calendar year for which the tax is being computed.

(3)

Applicable preceding calendar year period

The term applicable preceding calendar year period means any preceding calendar year period in which the applicable exclusion amount exceeded the applicable exclusion amount for the calendar year for which the tax is being computed.

(4)

Applicable exclusion amount

The term applicable exclusion amount means, with respect to any period, the amount determined under section 2010(c) for such period, except that in the case of any period for which such amount includes the deceased spousal unused exclusion amount (as defined in section 2010(c)(4)), such term shall mean the basic exclusion amount (as defined under section 2010(c)(3), as in effect for such period).

.

(d)

Effective date

(1)

In general

Except as otherwise provided in this subsection, the amendments made by this section shall apply to estates of decedents dying, and generation-skipping transfers and gifts made, after December 31, 2012.

(2)

Extension

The amendment made by subsection (a) shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001.

(e)

Application of EGTRRA sunset

Section 901 of the Economic Growth and Tax Relief Reconciliation Act shall apply to the amendments made by subsection (b).

3.

Treatment for PAYGO purposes

The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.