H.R. 947

Bring Entrepreneurial Advancements To Consumers Here In North America Act

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I

118th CONGRESS

1st Session

H. R. 947

IN THE HOUSE OF REPRESENTATIVES

February 9, 2023

Mr. Roy (for himself, Mr. Bishop of North Carolina, Mr. Gosar, and Mr. Babin) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide incentives for relocating manufacturing to the United States, permanent full expensing for qualified property, and for other purposes.

1.

Short title

This Act may be cited as the Bring Entrepreneurial Advancements To Consumers Here In North America Act.

2.

Tax incentives for relocating manufacturing to the United States

(a)

Accelerated depreciation for nonresidential real property

Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(n)

Accelerated depreciation for nonresidential real property acquired in connection with the relocation of manufacturing to the United States

(1)

Treatment as 20-year property

For purposes of this section, qualified nonresidential real property shall be treated as 20-year property.

(2)

Application of bonus depreciation

For application of bonus depreciation to qualified nonresidential real property, see subsection (k).

(3)

Qualified nonresidential real property

For purposes of this subsection, the term qualified nonresidential real property means nonresidential real property placed in service in the United States by a qualified manufacturer if such property is acquired by such qualified manufacturer in connection with a qualified relocation of manufacturing.

(4)

Qualified manufacturer

For purposes of this subsection, the term qualified manufacturer means any person engaged in the trade or business of manufacturing any tangible personal property.

(5)

Qualified relocation of manufacturing

For purposes of this subsection—

(A)

In general

The term qualified relocation of manufacturing means, with respect to any qualified manufacturer, the relocation of the manufacturing of any tangible personal property from a foreign country to the United States.

(B)

Relocation of property not required

For purposes of subparagraph (A), manufacturing shall not fail to be treated as relocated merely because property used in such manufacturing was not relocated.

(C)

Relocation of not less than equivalent productive capacity required

For purposes of subparagraph (A), manufacturing shall not be treated as relocated unless the property manufactured in the United States is substantially identical to the property previously manufactured in a foreign country and the increase in the units of production of such property in the United States by the qualified manufacturer is not less than the reduction in the units of production of such property in such foreign country by such qualified manufacturer.

(6)

Application to possessions of the United States

For purposes of this subsection, the term United States includes any possession of the United States.

.

(b)

Exclusion of gain on disposition of property in connection with qualified relocation of manufacturing

(1)

In general

Part III of subchapter B of chapter 1 of such Code is amended by inserting after section 139I the following new section:

139J.

Exclusion of gain on disposition of property in connection with qualified relocation of manufacturing

(a)

In general

In the case of a qualified manufacturer, gross income shall not include gain from the sale or exchange of qualified relocation disposition property.

(b)

Qualified relocation disposition property

For purposes of this section, the term qualified relocation disposition property means any property which—

(1)

is sold or exchanged by a qualified manufacturer in connection with a qualified relocation of manufacturing, and

(2)

was used by such qualified manufacturer in the trade or business of manufacturing any tangible personal property in the foreign country from which such manufacturing is being relocated.

(c)

Other terms

Terms used in this section which are also used in subsection (n) of section 168 shall have the same meaning when used in this section as when used in such subsection.

.

(2)

Clerical amendment

The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item:

Sec. 139J. Exclusion of gain on disposition of property in connection with qualified relocation of manufacturing.

.

(c)

Effective dates

(1)

Accelerated depreciation

The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act.

(2)

Exclusion of gain

The amendments made by subsection (b) shall apply to sales and exchanges after the date of the enactment of this Act.

3.

Permanent full expensing for qualified property

(a)

In general

Paragraph (6) of section 168(k) of the Internal Revenue Code of 1986 is amended to read as follows:

(6)

Applicable percentage

For purposes of this subsection, the term applicable percentage means, in the case of property placed in service (or, in the case of a specified plant described in paragraph (5), a plant which is planted or grafted) after September 27, 2017, 100 percent.

.

(b)

Conforming amendments

(1)

Section 168(k) of the Internal Revenue Code of 1986 is amended—

(A)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

in clause (i)(V), by inserting and at the end;

(II)

in clause (ii), by striking clause (ii) of subparagraph (E), and and inserting clause (i) of subparagraph (E).; and

(III)

by striking clause (iii);

(ii)

in subparagraph (B)—

(I)

in clause (i)—

(aa)

by striking subclauses (II) and (III); and

(bb)

by redesignating subclauses (IV) through (VI) as subclauses (II) through (IV), respectively;

(II)

by striking clause (ii); and

(III)

by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively;

(iii)

in subparagraph (C)—

(I)

in clause (i), by striking and subclauses (II) and (III) of subparagraph (B)(i); and

(II)

in clause (ii), by striking subparagraph (B)(iii) and inserting subparagraph (B)(ii); and

(iv)

in subparagraph (E)—

(I)

by striking clause (i); and

(II)

by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and

(B)

in paragraph (5)(A), by striking planted before January 1, 2027, or is grafted before such date to a plant that has already been planted, and inserting planted or grafted.

(2)

Section 460(c)(6)(B) of such Code is amended by striking which and all that follows through the period and inserting which has a recovery period of 7 years or less..

(c)

Effective date

The amendments made by this section shall take effect as if included in section 13201 of Public Law 115–97.