H.R. 6756House115th Congress (2017-2019)Passed House

American Innovation Act of 2018

Introduced September 10, 2018

AI-Generated Summary

Updated April 15, 2026 at 11:34 PM UTC

The American Innovation Act of 2018 changes the tax code to make it easier for new businesses to deduct the costs of starting up and organizing. It lets a taxpayer deduct up to $20,000 (adjusted for inflation) of those costs in the first year and amortize the rest over 15 years. The bill also protects start‑up net operating loss carryforwards and unused tax credits when a business changes owners. The changes apply to corporations, partnerships, S corporations and single‑owner disregarded entities.

Key Provisions

  • Allows an immediate deduction of the lesser of $20,000 (inflation‑adjusted) or total start‑up and organizational expenses, with any excess amortized over 180 months (15 years).
  • Defines "organizational expenditures" as costs incurred to create a corporation or partnership and applies the rules to single‑owner disregarded entities as if they were corporations.
  • Requires the election to use the new deduction rules to be made at the entity level for partnerships and S corporations.
  • Removes references to the old Section 248 and updates related code sections to reflect the new rules.
  • Adds provisions that preserve a portion of start‑up net operating loss carryforwards and unused general business credits after an ownership change, using a proportional reduction method.
  • Sets the effective date for most changes to taxable years beginning after December 31, 2018, with specific transition rules for businesses that started before September 10, 2018.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

16 earlier actions
SenateIntro Referral Latest Action

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

September 28, 2018

View full timeline
HouseIntro Referral

Introduced in House

September 10, 2018

HouseIntro Referral

Referred to the House Committee on Ways and Means.

September 10, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

September 13, 2018

HouseCommittee

Ordered to be Reported in the Nature of a Substitute by Voice Vote.

September 13, 2018

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-957.

September 24, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 745.

September 24, 2018

HouseFloor

Rules Committee Resolution H. Res. 1084 Reported to House. Rule provides for consideration of H.R. 6756, H.R. 6757 and H.R. 6760.

September 26, 2018 • 6:04 PM

HouseFloor

Considered under the provisions of rule H. Res. 1084. (consideration: CR H9113-9118)

September 27, 2018 • 2:05 PM

HouseFloor

Rule provides for consideration of H.R. 6756, H.R. 6757 and H.R. 6760.

September 27, 2018 • 2:05 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 6756.

September 27, 2018 • 2:05 PM

HouseFloor

The previous question was ordered pursuant to the rule.

September 27, 2018 • 2:35 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6756, the Chair put the question on passage of the bill, and announced that the ayes prevailed by voice vote. Mr. Buchanan demanded the Yeas and Nays, and the Chair postponed further proceedings on the question of passage on H.R. 6756 until later in the legislative day.

September 27, 2018 • 2:36 PM

HouseFloor

Considered as unfinished business. (consideration: CR H9134-9135)

September 27, 2018 • 4:11 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 260 - 156 (Roll no. 412).(text: CR H9113-9114)

September 27, 2018 • 4:20 PM

HouseFloor

On passage Passed by the Yeas and Nays: 260 - 156 (Roll no. 412). (text: CR H9113-9114)

September 27, 2018 • 4:20 PM

HouseFloor

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

September 27, 2018 • 4:20 PM

SenateIntro Referral

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

September 28, 2018

Amendments

1 amendment

Offered to this bill

Floor Debate

21 members

What members said about H.R. 6756 on the floor

10 Republicans11 Democrats
Pete Sessions
Rep. Pete SessionsR-TX-32 · Sep 27, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1084 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Sep 27, 2018

Mr. Speaker, I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to revise and extend his remarks.) Mr. Speaker, I want to thank the gentleman from Texas, my good…

Mike Kelly
Rep. Mike KellyR-PA-3 · Sep 27, 2018

Mr. Speaker, pursuant to House Resolution 1084, I call up the bill (H.R. 6757) to amend the Internal Revenue Code of 1986 to encourage retirement and family savings, and for other purposes, and ask…

Lloyd Doggett
Rep. Lloyd DoggettD-TX-35 · Sep 27, 2018

Mr. Speaker, I yield myself 5 minutes. Mr. Speaker, America does, in fact, face a retirement crisis. Nearly half of Americans approaching retirement years have absolutely no retirement savings. There…

Vern Buchanan
Rep. Vern BuchananR-FL-16 · Sep 27, 2018

Mr. Speaker, pursuant to House Resolution 1084, I call up the bill (H.R. 6756) to amend the Internal Revenue Code of 1986 to promote new business innovation, and for other purposes, and ask for its…

Show 8 more
Judy Chu
Rep. Judy ChuD-CA-27 · Sep 27, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to the American Innovation Act. But before I talk about the underlying bill, I want to make clear that this…

Ron Kind
Rep. Ron KindD-WI-3 · Sep 27, 2018

Mr. Speaker, I thank my friend from Texas for yielding me this time. I am an original sponsor of the original bill, which became the basis of this bill, the Retirement Enhancement Security Act.…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Sep 27, 2018

Mr. Speaker, I rise in support of the Promoting Family Savings Act of 2018, and thank Congressman Kelly for leading this important bill that helps families save earlier and save more throughout their…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 27, 2018

Mr. Speaker, I rise in strong opposition to H. Res. 1084, the rule governing debate for H.R. 6756, the American Innovation Act of 2018,'' H.R. 6757 ``Family Savings Act of 2018,'' and H.R. 6760…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Sep 27, 2018

Mr. Speaker, I stand here because, earlier this week, we were confronted with the threat of Deputy Attorney General Rod Rosenstein's firing. On Monday, Mr. Rosenstein was summoned to the White House,…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Sep 27, 2018

Mr. Speaker, I thank my colleague. Mr. Speaker, only 39 percent of Americans have enough savings to cover an emergency costing $1,000. The median savings of workers earning the median income of…

Ron Kind
Rep. Ron KindD-WI-3 · Sep 27, 2018

Mr. Speaker, I thank the gentlewoman from California for yielding. Mr. Speaker, I rise reluctantly in opposition to this legislation. I say reluctantly because there are some good, decent provisions…

Erik Paulsen
Rep. Erik PaulsenR-MN-3 · Sep 26, 2018

Mr. Speaker, thousands of unnecessary amputations are conducted each and every year as a treatment for those who have peripheral artery disease. PAD patients suffer from poor blood circulation, which…

Show 11 more
James B. Renacci
Rep. James B. RenacciR-OH-16 · Sep 27, 2018

Mr. Speaker, I rise in support of my good friend Representative Mike Kelly's H.R. 6757, the Family Savings Act. Mr. Kelly and I have been champions of helping more Americans gain access to retirement…

Ron Estes
Rep. Ron EstesR-KS-4 · Sep 27, 2018

Mr. Speaker, I rise in support of H.R. 6757, the Family Savings Act. Since the Tax Cuts and Jobs Act was implemented and signed into law, our country has seen historic economic growth and millions of…

Darin LaHood
Rep. Darin LaHoodR-IL-18 · Sep 27, 2018

Mr. Speaker, I want to thank Chairman Buchanan for all his hard work on this legislation. Mr. Speaker, today, I rise in support of H.R. 6756, the American Innovation Act. Over the last 9 months since…

Brad R. Wenstrup
Rep. Brad R. WenstrupR-OH-2 · Sep 27, 2018

Mr. Speaker, I stand here today in support of Mr. Kelly's bill. Our colleague across the aisle just gave us some very sad statistics that so many of our fellow Americans have when it comes to savings…

Adam B. Schiff
Rep. Adam B. SchiffD-CA-28 · Sep 27, 2018

Mr. Speaker, the 115th Congress will soon come to an end. There is much work that we will leave undone, but none so consequential to our democracy as the failure to pass legislation to protect…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Sep 27, 2018

Mr. Speaker, I urge my colleagues to defeat this previous question so that we can immediately take up Mr. Nadler's legislation that would protect Bob Mueller's special counsel investigation. The rule…

Judy Chu
Rep. Judy ChuD-CA-27 · Sep 27, 2018

Mr. Speaker, I rise today in strong opposition to H.R. 6757, the Family Savings Act. It is outrageous that, after our markup, a provision was snuck into the bill, behind closed doors, through a…

Paul Mitchell
Rep. Paul MitchellR-MI-10 · Sep 27, 2018

Mr. Speaker, I am changing my comments because I was offended by the last speaker. I grew up in a family where dad built trucks on the line and mom worked at the Salvation Army. In my district alone,…

John A. Yarmuth
Rep. John A. YarmuthD-KY-3 · Sep 27, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, just 8 months ago, the Republicans jammed through their massive, unpaid-for tax cut. Not a single Democrat voted for that bill, and for…

Gene Green
Rep. Gene GreenD-TX-29 · Sep 27, 2018

Mr. Speaker, I rise today to speak out against H.R. 6760, the Protecting Family and Small Business Tax Cuts Acts of 2018, along with the two other bills packaged into what is being called Tax Reform…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Sep 27, 2018

Mr. Speaker, I rise in support of H.R. 6756, the American Innovation Act of 2018, and thank Chairman Buchanan and others for his leadership for America's startup businesses and innovation. The truth…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued September 28, 2018

IIB

115th CONGRESS

2d Session

H. R. 6756

IN THE SENATE OF THE UNITED STATES

September 28, 2018

Received; read twice and referred to the Committee on Finance

AN ACT

To amend the Internal Revenue Code of 1986 to promote new business innovation, and for other purposes.

1.

Short title

This Act may be cited as the American Innovation Act of 2018.

2.

Simplification and expansion of deduction for start-up and organizational expenditures

(a)

In general

Section 195 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by striking all that precedes subsection (d) (as so redesignated) and inserting the following:

195.

Start-up and organizational expenditures

(a)

Capitalization of expenditures

Except as otherwise provided in this section, no deduction shall be allowed for start-up or organizational expenditures.

(b)

Election to deduct

(1)

In general

If a taxpayer elects the application of this subsection with respect to any active trade or business—

(A)

the taxpayer shall be allowed a deduction for the taxable year in which such active trade or business begins in an amount equal to the lesser of—

(i)

the aggregate amount of start-up and organizational expenditures paid or incurred in connection with such active trade or business, or

(ii)

$20,000, reduced (but not below zero) by the amount by which such aggregate amount exceeds $120,000, and

(B)

the remainder of such start-up and organizational expenditures shall be charged to capital account and allowed as an amortization deduction determined by amortizing such expenditures ratably over the 180-month period beginning with the month in which the active trade or business begins.

(2)

Application to organizational expenditures

In the case of organizational expenditures with respect to any corporation or partnership, the active trade or business referred to in paragraph (1) means the first active trade or business carried on by such corporation or partnership.

(3)

Inflation adjustment

In the case of any taxable year beginning after December 31, 2019, the $20,000 and $120,000 amounts in paragraph (1)(A)(ii) shall each be increased by an amount equal to—

(A)

such dollar amount, multiplied by

(B)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2018 for calendar year 2016 in subparagraph (A)(ii) thereof.

If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.
(c)

Allowance of deduction upon liquidation or disposition

(1)

Liquidation of partnership or corporation

If any partnership or corporation is completely liquidated by the taxpayer, any start-up or organizational expenditures paid or incurred in connection with such partnership or corporation which were not allowed as a deduction by reason of this section may be deducted to the extent allowable under section 165.

(2)

Disposition of trade or business

If any trade or business is completely disposed of or discontinued by the taxpayer, any start-up expenditures paid or incurred in connection with such trade or business which were not allowed as a deduction by reason of this section (and not taken into account in connection with a liquidation to which paragraph (1) applies) may be deducted to the extent allowable under section 165. For purposes of this paragraph, in the case of any deduction allowed under subsection (b)(1) with respect to both start-up and organizational expenditures, the amount treated as so allowed with respect to start-up expenditures shall bear the same ratio to such deduction as the start-up expenditures taken into account in determining such deduction bears to the aggregate of the start-up and organizational expenditures so taken into account.

.

(b)

Organizational expenditures

Section 195(d) of such Code, as redesignated by subsection (a), is amended by adding at the end the following new paragraphs:

(3)

Organizational expenditures

The term organizational expenditures means any expenditure which—

(A)

is incident to the creation of a corporation or a partnership,

(B)

is chargeable to capital account, and

(C)

is of a character which, if expended incident to the creation of a corporation or a partnership having an ascertainable life, would be amortizable over such life.

(4)

Application to certain disregarded entities

In the case of any entity with a single owner that is disregarded as an entity separate from its owner, this section shall be applied in the same manner as if such entity were a corporation.

.

(c)

Election

Section 195(e)(2) of such Code, as redesignated by subsection (a), is amended to read as follows:

(2)

Partnerships and S corporations

In the case of any partnership or S corporation, the election under subsection (b) shall be made (and this section shall be applied) at the entity level.

.

(d)

Conforming amendments

(1)
(A)

Part VIII of subchapter B of chapter 1 is amended by striking section 248 of such Code (and by striking the item relating to such section in the table of sections of such part).

(B)

Section 170(b)(2)(D)(ii) of such Code is amended by striking (except section 248).

(C)

Section 312(n)(3) of such Code is amended by striking Sections 173 and 248 and inserting Sections 173 and 195.

(D)

Section 535(b)(3) of such Code is amended by striking (except section 248).

(E)

Section 545(b)(3) of such Code is amended by striking (except section 248).

(F)

Section 545(b)(4) of such Code is amended by striking (except section 248).

(G)

Section 834(c)(7) of such Code is amended by striking (except section 248).

(H)

Section 852(b)(2)(C) of such Code is amended by striking (except section 248).

(I)

Section 857(b)(2)(A) of such Code is amended by striking (except section 248).

(J)

Section 1363(b) of such Code is amended by adding and at the end of paragraph (2), by striking paragraph (3), and by redesignating paragraph (4) as paragraph (3).

(K)

Section 1375(b)(1)(B)(i) of such Code is amended by striking (other than the deduction allowed by section 248, relating to organization expenditures).

(2)
(A)

Section 709 of such Code is amended to read as follows:

709.

Treatment of syndication fees

No deduction shall be allowed under this chapter to a partnership or to any partner of the partnership for any amounts paid or incurred to promote the sale of (or to sell) an interest in the partnership.

.

(B)

The item relating to section 709 in the table of sections for part I of subchapter K of chapter 1 of such Code is amended to read as follows:

.

(3)

Section 1202(e)(2)(A) of such Code is amended by striking section 195(c)(1)(A) and inserting section 195(d)(1)(A).

(4)

The item relating to section 195 in the table of contents of part VI of subchapter B of chapter 1 of such Code is amended to read as follows:

Sec. 195. Start-up and organizational expenditures.

.

(e)

Effective date

The amendments made by this section shall apply to expenditures paid or incurred in connection with active trades or businesses which begin in taxable years beginning after December 31, 2018.

3.

Preservation of start-up net operating losses and tax credits after ownership change

(a)

Application to net operating losses

Section 382(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(4)

Exception for start-up losses

(A)

In general

In the case of any net operating loss carryforward described in paragraph (1)(A) which arose in a start-up period taxable year, the amount of such net operating loss carryforward otherwise taken into account under such paragraph shall be reduced by the net start-up loss determined with respect to the trade or business referred to in subparagraph (B)(i) for such start-up period taxable year.

(B)

Start-up period taxable year

The term start-up period taxable year means any taxable year of the old loss corporation which—

(i)

begins before the close of the 3-year period beginning on the date on which any trade or business of such corporation begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof), and

(ii)

ends after September 10, 2018.

(C)

Net start-up loss

(i)

In general

The term net start-up loss means, with respect to any trade or business referred to in subparagraph (B)(i) for any start-up period taxable year, the amount which bears the same ratio (but not greater than 1) to the net operating loss carryforward which arose in such start-up period taxable year as—

(I)

the net operating loss (if any) which would have been determined for such start-up period taxable year if only items of income, gain, deduction, and loss properly allocable to such trade or business were taken into account, bears to

(II)

the amount of the net operating loss determined for such start-up period taxable year.

(ii)

Special rule for last taxable year in start-up period

In the case of any start-up period taxable year which ends after the close of the 3-year period described in subparagraph (B)(i) with respect to any trade or business, the net start-up loss with respect to such trade or business for such start-up period taxable year shall be the same proportion of such loss (determined without regard to this clause) as the proportion of such start-up period taxable year which is on or before the last day of such period.

(D)

Application to net operating loss arising in year of ownership change

Subparagraph (A) shall apply to any net operating loss described in paragraph (1)(B) in the same manner as such subparagraph applies to net operating loss carryforwards described in paragraph (1)(A), but by only taking into account the amount of such net operating loss (and the amount of the net start-up loss) which is allocable under paragraph (1)(B) to the period described in such paragraph. Proper adjustment in the allocation of the net start-up loss under the preceding sentence shall be made in the case of a taxable year to which subparagraph (C)(ii) applies.

(E)

Application to taxable years which are start-up period taxable years with respect to more than 1 trade or business

In the case of any net operating loss carryforward which arose in a taxable year which is a start-up period taxable year with respect to more than 1 trade or business—

(i)

this paragraph shall be applied separately with respect to each such trade or business, and

(ii)

the aggregate reductions under subparagraph (A) shall not exceed such net operating loss carryforward.

(F)

Continuity of business requirement

If the new loss corporation does not continue the trade or business referred to in subparagraph (B)(i) at all times during the 2-year period beginning on the change date, this paragraph shall not apply with respect to such trade or business.

(G)

Certain title 11 or similar cases

(i)

Multiple ownership changes

In the case of a 2nd ownership change to which subsection (l)(5)(D) applies, this paragraph shall not apply for purposes of determining the pre-change loss with respect to such 2nd ownership change.

(ii)

Certain insolvency transactions

If subsection (l)(6) applies for purposes of determining the value of the old loss corporation under subsection (e), this paragraph shall not apply.

(H)

Not applicable to disallowed interest

This paragraph shall not apply for purposes of applying the rules of paragraph (1) to the carryover of disallowed interest under paragraph (3).

(I)

Transition rule

This paragraph shall not apply with respect to any trade or business if the date on which such trade or business begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof) is on or before September 10, 2018.

.

(b)

Application to excess credits

Section 383 of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection:

(e)

Exception for start-up excess credits

(1)

In general

In the case of any unused general business credit of the corporation under section 39 which arose in a start-up period taxable year, the amount of such unused general business credit otherwise taken into account under subsection (a)(2)(A) shall be reduced by the start-up excess credit determined with respect to any trade or business referred to in section 382(d)(4)(B)(i) for such start-up period taxable year.

(2)

Start-up period taxable year

For purposes of this subsection, the term start-up period taxable year has the meaning given such term in section 382(d)(4)(B).

(3)

Start-up excess credit

For purposes of this subsection, the term start-up excess credit means, with respect to any trade or business referred to in section 382(d)(4)(B)(i) for any start-up period taxable year, the amount which bears the same ratio to the unused general business credit which arose in such start-up period taxable year as—

(A)

the amount of the general business credit which would have been determined for such start-up period taxable year if only credits properly allocable to such trade or business were taken into account, bears to

(B)

the amount of the general business credit determined for such start-up period taxable year.

(4)

Application of certain rules

Rules similar to the rules of subparagraphs (C)(ii), (D), (E), and (F) of section 382(d)(4) shall apply for purposes of this subsection.

(5)

Transition rule

This subsection shall not apply with respect to any trade or business if the date on which such trade or business begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof) is on or before September 10, 2018.

.

(c)

Effective date

The amendments made by this section shall apply to taxable years ending after September 10, 2018.

4.

Budgetary effects

(a)

Statutory PAYGO scorecards

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.

(b)

Senate PAYGO scorecards

The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).

Passed the House of Representatives September 27, 2018.

Karen L. Haas,

Clerk