H.R. 9House112th Congress (2011-2013)Passed House

Small Business Tax Cut Act

Introduced March 21, 2012

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Finance.

April 23, 2012

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HouseIntro Referral

Introduced in House

March 21, 2012

HouseIntro Referral

Referred to the House Committee on Ways and Means.

March 21, 2012

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 28, 2012

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 14.

March 28, 2012

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 112-425.

April 10, 2012

HouseCalendars

Placed on the Union Calendar, Calendar No. 292.

April 10, 2012

HouseFloor

Rules Committee Resolution H. Res. 620 Reported to House. Rule provides for consideration of H.R. 9 with 1 hour of general debate. Motion to recommit with or without instructions allowed. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute, now printed in the bill, shall be considered as adopted. The resolutions waives all points of order against provisions of the bill, as amended. The resolution makes in order the amendment in the nature of a substitute, for 20 minutes of debate, which shall not be subject to amendment.

April 17, 2012 • 6:17 PM

HouseFloor

Rule H. Res. 620 passed House.

April 19, 2012 • 10:51 AM

HouseFloor

Considered under the provisions of rule H. Res. 620. (consideration: CR H1981-1989, H1990-2010)

April 19, 2012 • 10:58 AM

HouseFloor

Rule provides for consideration of H.R. 9 with 1 hour of general debate. Motion to recommit with or without instructions allowed. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute, now printed in the bill, shall be considered as adopted. The resolutions waives all points of order against provisions of the bill, as amended. The resolution makes in order the amendment in the nature of a substitute, for 20 minutes of debate, which shall not be subject to amendment.

April 19, 2012 • 10:58 AM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 620, as amended, the House proceeded with 70 minutes of debate on H.R. 9.

April 19, 2012 • 11:00 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 620, as amended, the House proceeded with 25 minutes of debate on the Levin substitute amendment.

April 19, 2012 • 12:26 PM

HouseFloor

Mr. Deutch moved to recommit with instructions to Ways and Means. (consideration: CR H2008-2010; text: CR H2008)

April 19, 2012 • 1:20 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Deutch motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with amendments to prevent the tax deduction from allowing companies to ship jobs overseas. It would also prevent the tax deduction from being used on income from prostitution, pornography, drug trafficking, lobbying, golf courses that discriminate based on sex or race, or by taxpayers who violate Iran sanctions. Further, any Member of Congress taking the deduction would have to disclose the deduction amount and type of business income from which it came.

April 19, 2012 • 1:24 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2009)

April 19, 2012 • 1:31 PM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 179 - 229 (Roll no. 176). (consideration: CR H2009-2010)

April 19, 2012 • 1:46 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 235 - 173, 1 Present (Roll no. 177).(text: CR H1990-1991)

April 19, 2012 • 1:56 PM

HouseFloor

On passage Passed by the Yeas and Nays: 235 - 173, 1 Present (Roll no. 177). (text: CR H1990-1991)

April 19, 2012 • 1:56 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 19, 2012 • 1:56 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

April 23, 2012

Floor Debate

21 members

What members said about H.R. 9 on the floor

10 Republicans11 Democrats
Pete Sessions
Rep. Pete SessionsR-TX-32 · Apr 19, 2012

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 620 and ask for its immediate consideration. Madam Speaker, I ask unanimous consent to amend the resolution with an…

David Dreier
Rep. David DreierR-CA-26 · Jan 7, 2011

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 26 and ask for its immediate consideration. Madam Speaker, it is a great honor for me, for the first time in 4 years,…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Apr 19, 2012

I thank my friend for yielding the time. I would begin a little bit unusually by asking a few questions of my friend and then yielding to him for any response that he may have. A gentleman named…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Apr 18, 2012

Thank you very much, Mr. Speaker. I appreciate that, and I really appreciate Chairman Graves making it possible for so many of us who care about small business in this country this evening to take a…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Jan 7, 2011

Madam Speaker, I appreciate my gentleman friend, Mr. Dreier, yielding me time, and I yield myself such time as I may consume. What a week it's been. Since being sworn in on Tuesday, the speed in…

Show 8 more
James P. McGovern
Rep. James P. McGovernD-MA-3 · Apr 17, 2012

I want to thank my colleague from Connecticut for her passion and for her leadership on this issue, and for reminding us all of a terrible truth, and that is, there is not a single community in the…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Apr 17, 2012

Mr. Speaker, in tonight's Democratic Special Order, we will be highlighting the severe and immoral cuts made to antihunger and nutrition programs in the House Republican budget. Right now, millions…

Tom Graves
Rep. Tom GravesR-GA-9 · Apr 18, 2012

Mr. Speaker, tonight we're going to have a conversation that I think impacts Americans all across this country, and it's about small businesses, and what has this Congress been doing, what has the…

Xavier Becerra
Rep. Xavier BecerraD-CA-31 · Apr 17, 2012

I thank the gentlelady from Connecticut, my good friend Rosa DeLauro, for not just this evening, but for the years of work that she has done in committee, for her district, and simply in Congress as…

Jeffrey M. Landry
Rep. Jeffrey M. LandryR-LA-3 · Apr 18, 2012

I thank the gentleman for yielding. Mr. Speaker, this week marks another tax day, culminating another year that Americans have been subjected to an outdated and overcomplicated Tax Code. Three years…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Apr 17, 2012

Thank you very much. First, let me thank my colleague, Congresswoman DeLauro, for yielding and those kind words. But let me just thank you for not only organizing this Special Order, but for really…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Apr 17, 2012

As cofounder and cochair of the Congressional Out of Poverty Caucus, I rise today to continue talking about the tide of poverty that impacts every single district all across our country. I rise to…

Gene Green
Rep. Gene GreenD-TX-29 · Jan 7, 2011

I thank my colleague from the Rules Committee for allowing me to speak. I rise in strong opposition to this rule on H.R. 2, the Patients' Rights Repeal Act. Just yesterday, the Congressional Budget…

Show 11 more
Rob Woodall
Rep. Rob WoodallR-GA-7 · Apr 18, 2012

Mr. Graves, I appreciate you taking this time tonight. Folks ask me, What goes on in the evenings there on Capitol Hill? When you finish the votes for the day, what goes on next? I say, Well, folks…

Roscoe G. Bartlett
Rep. Roscoe G. BartlettR-MD-6 · Apr 18, 2012

Thank you very much for yielding. I would like to spend just a couple of minutes putting this discussion in context. I'm from Maryland. I have been there 51 years now, and for 12 years my wife and I…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 19, 2012

I thank Judge Hastings, I thank him very much for telling us the story of America, from spring cleaners to families that have held their businesses for a long period of time. And I really wish I…

Sam Farr
Rep. Sam FarrD-CA-17 · Apr 17, 2012

Thank you very much, Madam Chair. I call you Chair because you were chair when I was on the committee, and I always respect your leadership in this field. As was stated, I am ranking member of the…

Silvestre Reyes
Rep. Silvestre ReyesD-TX-16 · Jan 7, 2011

Madam Speaker, I rise today to express opposition to the rule and the irresponsible move by the Republicans to dismantle health care reform for millions of Americans. There are a multitude of reasons…

Lynn C. Woolsey
Rep. Lynn C. WoolseyD-CA-6 · Apr 17, 2012

I thank the Congresswoman from Connecticut for this Special Order and for those kind words. Thank you very much. So let me see, do I have this right? Am I getting it? My colleagues on the other side…

Richard L. Hanna
Rep. Richard L. HannaR-NY-24 · Apr 18, 2012

I thank the gentleman for yielding. Mr. Speaker, small businesses are the lifeblood of our economy. They are the catalyst for job growth and job creation all across our Nation. They certainly are in…

Chip Cravaack
Rep. Chip CravaackR-MN-8 · Apr 19, 2012

I rise today in support of this rule and the underlying bill, H.R. 9, the Small Business Tax Cuts Act. The fact is, Madam Speaker, American small businesses are drowning in red tape, and the National…

David Dreier
Rep. David DreierR-CA-26 · Apr 18, 2012

I thank my friend for yielding, and I appreciate his yielding. The reason I've come to the floor is to share with our colleagues the very sad news of the passing of my very close friend Dick Clark,…

James P. McGovern
Rep. James P. McGovernD-MA-3 · Jan 7, 2011

Madam Speaker, the American people made it very clear in the last election that they want us to focus on one thing, jobs. But the new Republican majority has instead chosen to reopen an old…

Richard B. Nugent
Rep. Richard B. NugentR-FL-5 · Apr 19, 2012

Thank you, Mr. Chairman. I appreciate the opportunity to be here. Madam Speaker, we hear so much out here on the House floor. I support the rule and the underlying legislation because it gives the…

Bill Text

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Referred in SenateIssued April 23, 2012

IIB

112th CONGRESS

2d Session

H. R. 9

IN THE SENATE OF THE UNITED STATES

April 23, 2012

Received; read twice and referred to the Committee on Finance

AN ACT

To amend the Internal Revenue Code of 1986 to provide a deduction for domestic business income of qualified small businesses.

1.

Short title

This Act may be cited as the Small Business Tax Cut Act.

2.

Deduction for domestic business income of qualified small businesses

(a)

In general

Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

200.

Domestic business income of qualified small businesses

(a)

Allowance of deduction

In the case of a qualified small business, there shall be allowed as a deduction an amount equal to 20 percent of the lesser of—

(1)

the qualified domestic business income of the taxpayer for the taxable year, or

(2)

taxable income (determined without regard to this section) for the taxable year.

(b)

Deduction limited based on wages paid

(1)

In general

The amount of the deduction allowable under subsection (a) for any taxable year shall not exceed 50 percent of the greater of—

(A)

the W–2 wages of the taxpayer paid to non-owners, or

(B)

the sum of—

(i)

the W–2 wages of the taxpayer paid to individuals who are non-owner family members of direct owners, plus

(ii)

any W–2 wages of the taxpayer paid to 10-percent-or-less direct owners.

(2)

Definitions related to ownership

For purposes of this section—

(A)

Non-owner

The term non-owner means, with respect to any qualified small business, any person who does not own (and is not considered as owning within the meaning of subsection (c) or (e)(3) of section 267, as the case may be) any stock of such business (or, if such business is other than a corporation, any capital or profits interest of such business).

(B)

Non-owner family members

An individual is a non-owner family member of a direct owner if—

(i)

such individual is family (within the meaning of section 267(c)(4)) of a direct owner, and

(ii)

such individual would be a non-owner if subsections (c) and (e)(3) of section 267 were applied without regard to section 267(c)(2).

(C)

Direct owner

The term direct owner means, with respect to any qualified small business, any person who owns (or is considered as owning under the applicable non-family attribution rules) any stock of such business (or, if such business is other than a corporation, any capital or profits interest of such business).

(D)

10-percent-or-less direct owners

The term 10-percent-or-less direct owner means, with respect to any qualified small business, any direct owner of such business who owns (or is considered as owning under the applicable non-family attribution rules)—

(i)

in the case of a qualified small business which is a corporation, not more than 10 percent of the outstanding stock of the corporation or stock possessing more than 10 percent of the total combined voting power of all stock of the corporation, or

(ii)

in the case of a qualified small business which is not a corporation, not more than 10 percent of the capital or profits interest of such business.

(E)

Applicable non-family attribution rules

The term applicable non-family attribution rules means the attribution rules of subsection (c) or (e)(3) of section 267, as the case may be, but in each case applied without regard to section 267(c)(2).

(3)

W–2 wages

For purposes of this section—

(A)

In general

The term W–2 wages means, with respect to any person for any taxable year of such person, the sum of the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year.

(B)

Limitation to wages attributable to qualified domestic business income

Such term shall not include any amount which is not properly allocable to domestic business gross receipts for purposes of subsection (c)(1).

(C)

Other requirements

Except in the case of amounts treated as W–2 wages under paragraph (4)—

(i)

such term shall not include any amount which is not allowed as a deduction under section 162 for the taxable year, and

(ii)

such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return.

(4)

Certain partnership distributions treated as W–2 wages

(A)

In general

In the case of a qualified small business which is a partnership and elects the application of this paragraph for the taxable year—

(i)

the qualified domestic business taxable income of such partnership for such taxable year (determined after the application of clause (ii)) which is allocable under rules similar to the rules of section 199(d)(1)(A)(ii) to each qualified service-providing partner shall be treated for purposes of this section as W–2 wages paid during such taxable year to such partner as an employee, and

(ii)

the domestic business gross receipts of such partnership for such taxable year shall be reduced by the amount so treated.

(B)

Qualified service-providing partner

For purposes of this paragraph, the term qualified service-providing partner means, with respect to any qualified domestic business taxable income, any partner who is a 10-percent-or-less direct owner and who materially participates in the trade or business to which such income relates.

(5)

Acquisitions and dispositions

The Secretary shall provide for the application of this subsection in cases where the taxpayer acquires, or disposes of, the major portion of a trade or business or the major portion of a separate unit of a trade or business during the taxable year.

(c)

Qualified domestic business income

For purposes of this section—

(1)

In general

The term qualified domestic business income for any taxable year means an amount equal to the excess (if any) of—

(A)

the taxpayer’s domestic business gross receipts for such taxable year, over

(B)

the sum of—

(i)

the cost of goods sold that are allocable to such receipts, and

(ii)

other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such receipts.

(2)

Domestic business gross receipts

(A)

In general

The term domestic business gross receipts means the gross receipts of the taxpayer which are effectively connected with the conduct of a trade or business within the United States within the meaning of section 864(c) but determined—

(i)

without regard to paragraphs (3), (4), and (5) thereof, and

(ii)

by substituting qualified small business (within the meaning of section 200) for nonresident alien individual or a foreign corporation each place it appears therein.

(B)

Exceptions

For purposes of paragraph (1), domestic business gross receipts shall not include any of the following:

(i)

Gross receipts derived from the sale or exchange of—

(I)

a capital asset, or

(II)

property used in the trade or business (as defined in section 1231(b)).

(ii)

Royalties, rents, dividends, interest, or annuities.

(iii)

Any amount which constitutes wages (as defined in section 3401).

(3)

Application of certain rules

Rules similar to the rules of paragraphs (2) and (3) of section 199(c) shall apply for purposes of this section (applied with respect to qualified domestic business income in lieu of qualified production activities income and with respect to domestic business gross receipts in lieu of domestic production gross receipts).

(d)

Qualified small business

For purposes of this section—

(1)

In general

The term qualified small business means any employer engaged in a trade or business if such employer had fewer than 500 full-time equivalent employees for either calendar year 2010 or 2011.

(2)

Full-time equivalent employees

The term full-time equivalent employees has the meaning given such term by subsection (d)(2) of section 45R applied—

(A)

without regard to subsection (d)(5) of such section,

(B)

with regard to subsection (e)(1) of such section, and

(C)

by substituting calendar year for taxable year each place it appears therein.

(3)

Employers not in existence prior to 2012

In the case of an employer which was not in existence on January 1, 2012, the determination under paragraph (1) shall be made with respect to calendar year 2012.

(4)

Application to calendar years in which employer in existence for portion of calendar year

In the case of any calendar year during which the employer comes into existence, the number of full-time equivalent employees determined under paragraph (2) with respect to such calendar year shall be increased by multiplying the number so determined (without regard to this paragraph) by the quotient obtained by dividing—

(A)

the number of days in such calendar year, by

(B)

the number of days during such calendar year which such employer is in existence.

(5)

Special rules

(A)

Aggregation rule

For purposes of paragraph (1), any person treated as a single employer under subsection (a) or (b) of section 52 (applied without regard to section 1563(b)) or subsection (m) or (o) of section 414 shall be treated as a single employer for purposes of this subsection.

(B)

Predecessors

Any reference in this subsection to an employer shall include a reference to any predecessor of such employer.

(e)

Special rules

(1)

Elective application of deduction

Except as otherwise provided by the Secretary, the taxpayer may elect not to take any item of income into account as domestic business gross receipts for purposes of this section.

(2)

Coordination with section 199

If a deduction is allowed under this section with respect to any taxpayer for any taxable year—

(A)

any gross receipts of the taxpayer which are taken into account under this section for such taxable year shall not be taken into account under section 199 for such taxable year, and

(B)

the W–2 wages of the taxpayer which are taken into account under this section shall not be taken into account under section 199 for such taxable year.

(3)

Application of certain rules

Rules similar to the rules of paragraphs (1), (2), (3), (4), (6), and (7) of section 199(d) shall apply for purposes of this section (applied with respect to qualified domestic business income in lieu of qualified production activities income).

(f)

Regulations

The Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section, including regulations which prevent a taxpayer which reorganizes from being treated as a qualified small business if such taxpayer would not have been treated as a qualified small business prior to such reorganization.

(g)

Application

Subsection (a) shall apply only with respect to the first taxable year of the taxpayer beginning after December 31, 2011.

.

(b)

Conforming amendments

(1)

Section 56(d)(1)(A) of such Code is amended by striking deduction under section 199 both places it appears and inserting deductions under sections 199 and 200.

(2)

Section 56(g)(4)(C) of such Code is amended by adding at the end the following new clause:

(vii)

Deduction for domestic business income of qualified small businesses

Clause (i) shall not apply to any amount allowable as a deduction under section 200.

.

(3)

The following provisions of such Code are each amended by inserting 200, after 199,.

(A)

Section 86(b)(2)(A).

(B)

Section 135(c)(4)(A).

(C)

Section 137(b)(3)(A).

(D)

Section 219(g)(3)(A)(ii).

(E)

Section 221(b)(2)(C)(i).

(F)

Section 222(b)(2)(C)(i).

(G)

Section 246(b)(1).

(H)

Section 469(i)(3)(F)(iii).

(4)

Section 163(j)(6)(A)(i) of such Code is amended by striking and at the end of subclause (III) and by inserting after subclause (IV) the following new subclause:

(V)

any deduction allowable under section 200, and

.

(5)

Section 170(b)(2)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and, and by inserting after clause (v) the following new clause:

(vi)

section 200.

.

(6)

Section 172(d) of such Code is amended by adding at the end the following new paragraph:

(8)

Domestic business income of qualified small businesses

The deduction under section 200 shall not be allowed.

.

(7)

Section 613(a) of such Code is amended by striking deduction under section 199 and inserting deductions under sections 199 and 200.

(8)

Section 613A(d)(1) of such Code is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph:

(C)

any deduction allowable under section 200,

.

(9)

Section 1402(a) of such Code is amended by striking and at the end of paragraph (16), by redesignating paragraph (17) as paragraph (18), and by inserting after paragraph (16) the following new paragraph:

(17)

the deduction provided by section 200 shall not be allowed; and

.

(c)

Clerical amendment

The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item:

.

Passed the House of Representatives April 19, 2012.

Karen L. Haas,

Clerk