II
113th CONGRESS
1st Session
S. 1085
IN THE SENATE OF THE UNITED STATES
June 3, 2013
Ms. Collins (for herself and Mr. Casey) 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 provide tax incentives for small businesses.
Short title
This Act may be cited as the
Small Business Tax Certainty and
Growth Act of 2013
.
Sense of the Senate regarding tax reform
It is the sense of the Senate that Congress should undertake comprehensive tax reform legislation to—
make our system fairer and simpler; and
promote economic growth.
Permanent doubling of deductions for start-up expenses, organizational expenses, and syndication fees
Start-Up expenses
In general
Clause (ii) of section 195(b)(1)(A) of the Internal Revenue Code of 1986 is amended—
by striking
$5,000
and inserting $10,000
, and
by striking
$50,000
and inserting $60,000
.
Conforming amendment
Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by striking paragraph (3).
Organizational expenses
Subparagraph (B) of section 248 of the Internal Revenue Code of 1986 is amended—
by striking
$5,000
and inserting $10,000
, and
by striking
$50,000
and inserting $60,000
.
Organization and syndication fees
Clause (ii) of section 709(b)(1)(A) of the Internal Revenue Code of 1986 is amended—
by striking
$5,000
and inserting $10,000
, and
by striking
$50,000
and inserting $60,000
.
Effective date
The amendments made by this section shall apply to amounts paid or incurred in taxable years ending on or after the date of the enactment of this Act.
Clarification of cash accounting rules for small business
Cash accounting permitted
In general
Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection:
Certain small business taxpayers permitted To use cash accounting method without limitation
In general
An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year.
Eligible taxpayer
For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if—
for all prior taxable years beginning after December 31, 2013, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and
the taxpayer is not subject to section 447 or 448.
.
Expansion of gross receipts test
In general
Paragraph (3) of
section 448(b) of such Code (relating to entities with gross receipts of not
more than $5,000,000) is amended by striking $5,000,000
in the
text and in the heading and inserting $10,000,000
.
Conforming amendments
Section 448(c) of such Code is amended—
by striking $5,000,000
each
place it appears in the text and in the heading of paragraph (1) and inserting
$10,000,000
, and
by adding at the end the following new paragraph:
Inflation adjustment
In the case of any taxable year beginning in a calendar year after 2014, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to—
such dollar amount, multiplied by
the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which the taxable year begins,
by substituting calendar year 2013
for calendar year
1992
in subparagraph (B) thereof.
.
Clarification of inventory rules for small business
In general
Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:
Small business taxpayers not required To use inventories
In general
A qualified taxpayer shall not be required to use inventories under this section for a taxable year.
Treatment of taxpayers not using inventories
If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2013, such property shall be treated as a material or supply which is not incidental.
Qualified taxpayer
For purposes of this subsection, the term qualified taxpayer means—
any eligible taxpayer (as defined in section 446(g)(2)), and
any taxpayer described in section 448(b)(3).
.
Increased eligibility for simplified dollar-value LIFO method
Section
474(c) is amended by striking $5,000,000
and inserting
the dollar amount in effect under section 448(c)(1)
.
Effective date and special rules
In general
The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
Change in method of accounting
In the case of any taxpayer changing the taxpayer’s method of accounting for any taxable year under the amendments made by this section—
such change shall be treated as initiated by the taxpayer;
such change shall be treated as made with the consent of the Secretary of the Treasury; and
the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year.
Permanent extension of expensing limitation
Dollar limitation
Section 179(b)(1) of the Internal Revenue Code of 1986
is amended by striking shall not exceed
and all that follows and
inserting shall not exceed $250,000.
.
Reduction in limitation
Section 179(b)(2) of such Code is amended by striking
exceeds
and all that follows and inserting exceeds
$800,000.
.
Inflation adjustment
Subsection (b) of section 179 of such Code is amended by adding at the end the following new paragraph:
Inflation adjustment
In general
In the case of any taxable year beginning in a calendar year after 2014, the $250,000 in paragraph (1) and the $800,000 amount in paragraph (2) shall each be increased by an amount equal to—
such dollar amount, multiplied by
the
cost-of-living adjustment determined under section 1(f)(3) for the calendar
year in which the taxable year begins, by substituting calendar year
2013
for calendar year 1992
in subparagraph (B)
thereof.
Rounding
Dollar limitation
If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.
Phaseout amount
If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.
.
Computer software
Section 179(d)(1)(A)(ii) of such Code is amended by
striking and before 2014
.
Election
Section
179(c)(2) of such Code is amended by striking and before
2014
.
Special rules for treatment of qualified real property
In general
Section 179(f)(1) of such Code is amended by striking
beginning in 2010, 2011, 2012, or 2013
and inserting
beginning after 2009
.
Conforming amendment
Section 179(f) of such Code is amended by striking paragraph (4).
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
Extension of bonus depreciation
In general
Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended—
by striking
January 1, 2015
in subparagraph (A)(iv) and inserting
January 1, 2016
, and
by striking
January 1, 2014
each place it appears and inserting
January 1, 2015
.
Special rule for Federal long-Term contracts
Clause (ii) of section
460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by striking
January 1, 2014 (January 1, 2015
and inserting January 1,
2015 (January 1, 2016
.
Conforming Amendments
The heading for
subsection (k) of section 168 of the Internal Revenue Code of 1986 is amended
by striking January 1,
2014
and inserting January 1, 2015
.
The heading for
clause (ii) of section 168(k)(2)(B) of such Code is amended by striking
Pre-january 1,
2014
and inserting Pre-january 1, 2015
.
Section
168(k)(4)(D) is amended by striking and
at the end of clause
(ii), by striking the period at the end of clause (iii) and inserting a comma,
and by adding at the end the following new clauses:
January
1, 2015
shall be substituted for January 1, 2016
in
subparagraph (A)(iv) thereof, and
January 1,
2014
shall be substituted for January 1, 2015
each place
it appears in subparagraph (A)
thereof.
.
Section 168(l)(4)
of such Code is amended by striking and
at the end of
subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by
inserting after subparagraph (A) the following new subparagraph:
by substituting
January 1, 2014
for January 1, 2015
in clause (i)
thereof,
and
.
Subparagraph (C)
of section 168(n)(2) of such Code is amended by striking January 1,
2014
and inserting January 1, 2015
.
Subparagraph (D)
of section 1400L(b)(2) of such Code is amended by striking January 1,
2014
and inserting January 1, 2015
.
Subparagraph (B)
of section 1400N(d)(3) of such Code is amended by striking January 1,
2014
and inserting January 1, 2015
.
Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date.
Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements
In General
Clauses (iv), (v), and (ix) of section 168(e)(3)(E) of
the Internal Revenue Code of 1986 are each amended by striking January
1, 2014
and inserting January 1, 2015
.
Effective Date
The amendments made by this section shall apply to property placed in service after December 31, 2013.