S. 321 – Reading Mode | Legislate.dev

115th CONGRESS

1st Session

S. 321

IN THE SENATE OF THE UNITED STATES

February 7 (legislative day, February 6), 2017

Mr. Brown (for himself and Mr. Portman) 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 exempt amounts paid for aircraft management services from the excise taxes imposed on transportation by air.

Amounts paid for aircraft management services

(a)

In general

Subsection (e) of section 4261 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(5)

Amounts paid for aircraft management services

(A)

In general

No tax shall be imposed by this section or section 4271 on any amounts paid by an aircraft owner for aircraft management services related to—

(i)

maintenance and support of the aircraft owner’s aircraft, or

(ii)

flights on the aircraft owner’s aircraft.

(B)

Aircraft management services

For purposes of subparagraph (A), the term aircraft management services includes—

(i)

assisting an aircraft owner with administrative and support services, such as scheduling, flight planning, and weather forecasting,

(ii)

obtaining insurance,

(iii)

maintenance, storage and fueling of aircraft,

(iv)

hiring, training, and provision of pilots and crew,

(v)

establishing and complying with safety standards, and

(vi)

such other services as are necessary to support flights operated by an aircraft owner.

(C)

Lessee treated as aircraft owner

(i)

In general

For purposes of this paragraph, the term aircraft owner includes a person who leases the aircraft other than under a disqualified lease.

(ii)

Disqualified lease

For purposes of clause (i), the term disqualified lease means a lease from a person providing aircraft management services with respect to such aircraft (or a related person (within the meaning of section 465(b)(3)(C)) to the person providing such services), if such lease is for a term of 31 days or less.

(D)

Pro rata allocation

In the case of amounts paid to any person which (but for this subsection) are subject to the tax imposed by subsection (a), a portion of which consists of amounts described in subparagraph (A), this paragraph shall apply on a pro rata basis only to the portion which consists of amounts described in such subparagraph.

(b)

Effective date

The amendment made by this section shall apply to amounts paid after the date of the enactment of this Act.