S. 707Senate115th Congress (2017-2019)In Committee

Main Street Fairness Act

Introduced March 23, 2017

AI-Generated Summary

Updated April 15, 2026 at 2:00 PM UTC

The Main Street Fairness Act would change the tax code so that owners of pass‑through businesses—such as partnerships, S corporations, sole proprietorships, and certain trusts—pay tax on their qualified business income at no higher rate than the corporate tax rate. It adds a new rule that limits the tax on that income to the maximum corporate rate, aiming to make the tax burden on small‑business owners comparable to that on corporations.

Key Provisions

  • Creates a new subsection that calculates tax on qualified business income (QBI) so the total tax cannot exceed the corporate maximum rate.
  • Defines QBI as all income, deductions, losses, or credits from an active trade or business for partners, S‑corp shareholders, sole proprietors, and trust/estate beneficiaries.
  • Excludes financial services income from QBI for partnership interests.
  • Applies the rule only in years when the corporate top tax rate is higher than the individual top rate.
  • Effective for taxable years beginning after the law is enacted; the Treasury must issue regulations to implement it.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

March 23, 2017

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SenateIntro Referral

Introduced in Senate

March 23, 2017

SenateIntro Referral

Read twice and referred to the Committee on Finance.

March 23, 2017

Floor Debate

2 members

What members said about S. 707 on the floor

1 Republican1 Democrat
Susan M. Collins
Sen. Susan M. CollinsR-ME · Apr 3, 2017

Mr. President, I wish to speak in support of the Main Street Fairness Act, which will help to create tax parity for passthrough companies, the significant majority of which are small businesses. I…

Bill Nelson
Sen. Bill NelsonD-FL · Apr 3, 2017

Mr. President, today I want to join my friend Susan Collins and talk about why I support the Main Street Fairness Act. I am glad to partner on this bill with the Senator from Maine. The bill does one…

Bill Text

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Introduced in SenateIssued March 23, 2017

II

115th CONGRESS

1st Session

S. 707

IN THE SENATE OF THE UNITED STATES

March 23, 2017

Ms. Collins (for herself and Mr. Nelson) 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 ensure that pass-through businesses do not pay tax at a higher rate than corporations.

1.

Short title

This Act may be cited as the Main Street Fairness Act.

2.

Business income of pass-through entities and individuals

(a)

Qualified business income taxed at corporate rate

Section 1 of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following:

(i)

Qualified business income

(1)

In general

If a taxpayer has qualified business income for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of—

(A)

a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of—

(i)

taxable income reduced by the sum of net capital gain plus qualified business income, or

(ii)

the amount determined under clause (i) plus so much of qualified business income that, when added together, would not be taxed at a rate greater than the maximum rate in effect under section 11(b),

(B)

tax on qualified business income reduced by the amount of qualified business income on which a tax is determined under subparagraph (A) (if any), determined under section 11 for the taxable year by treating qualified business income as taxable income of a corporation, plus

(C)

a tax on net capital gain, computed as if subsection (h) imposed a tax on net capital gain.

(2)

Qualified business income defined

For purposes of this subsection—

(A)

Qualified business income

The term qualified business income means all items of income, deduction, loss, or credit properly attributable to the taxpayer from the active conduct of a trade or business in which—

(i)

in the case of a partnership, the taxpayer holds a capital or profits interest,

(ii)

in the case of an S corporation, the taxpayer is a shareholder,

(iii)

in the case of a sole proprietorship or an entity otherwise disregarded as separate from its sole owner, the taxpayer is the sole owner, and

(iv)

in the case of a trust or estate, the taxpayer is a beneficiary.

(B)

Net capital gain

Such term shall not include any item taken into account in determining net capital gain.

(C)

Exception for financial services income of partnerships

In the case of a taxpayer who holds a capital or profits interest in a partnership, such term does not include financial services income (as defined in section 904(d)(2)(D)).

(3)

Limitation

Paragraph (1) shall only apply to a taxable year in which the maximum rate of tax under this section exceeds the maximum rate of tax under section 11.

(4)

Net capital gain

For purposes of this subsection, the term net capital gain has the meaning given to such term by subsection (h).

(5)

Regulations

The Secretary shall issue such regulations or other guidance as may be necessary to carry out the purposes of this subsection.

.

(b)

Effective date

The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.