Library / Laws / 113th / s / S. 3005 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 3005
IN THE SENATE OF THE UNITED STATES
December 11, 2014
Mr. Cardin 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 for a progressive consumption tax and to
reform the income tax, and for other purposes.
1.
Short title, etc
(a)
In general
This Act may be cited as the
Progressive Consumption Tax Act of 2014.
(b)
Reference
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Internal Revenue Code of 1986.
(c)
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title, etc.
TITLE I—Progressive consumption tax
Sec. 101. Imposition of progressive consumption tax.
TITLE II—Individual and corporate tax reform
Subtitle A—Individual income tax reforms
Sec. 201. Individual income tax rate reductions.
Sec. 202. Family allowance amounts.
Sec. 203. Repeal of limitations relating to itemized deductions.
Sec. 204. Termination of separate treatment of capital gains.
Sec. 205. Repeals.
Sec. 206. Establishment of progressive tax rebate.
Sec. 207. Technical and conforming amendments.
Subtitle B—Corporate tax reforms
Sec. 211. Corporate income tax rate reduction.
TITLE III—Refund of excess consumption tax revenue
Sec. 301. Refunds of excess consumption tax revenue.
I
Progressive consumption tax
101.
Imposition of progressive consumption tax
(a)
In
General
Subtitle D is amended by inserting before chapter 31
the
following new chapter:
30
Progressive consumption tax
Subchapter A. Imposition of
tax
Subchapter B. Taxable
supply
Subchapter C. Credit against tax
Subchapter D.
Administration
Subchapter E. Definitions and special
rules
A
Imposition of
Tax
Sec. 3901. Imposition of tax.
Sec. 3902. Taxable amount.
3901.
Imposition of
tax
(a)
General
Rule
A tax is hereby imposed on every taxable supply.
(b)
Amount of
Tax
(1)
In general
Except as provided in paragraph (2), the amount of
the tax shall be 10 percent of the taxable amount.
(2)
Special rate for exports
The
amount of the tax shall be zero with respect to the provision of
any
supply which is—
(A) a supply of tangible personal property that is exported from the United States within 90 days after
the provider gives an invoice for the supply, or
(B) a supply, other than a supply of tangible personal property—
(i) which is provided to a recipient that is not in the United States when the supply is performed or
otherwise done, and
(ii) the use of which takes place outside of the United States.
3902.
Taxable
amount
(a)
Amount charged
customer
For purposes of this chapter, the taxable amount for any
taxable supply for which money is the only consideration shall be
the
price
charged by the provider—
(1) including all
invoiced charges for transportation, and other items payable to the
provider with
respect to the supply, but
(2) excluding the tax
imposed by section 3901 with respect to the supply and
excluding any
State and local sales and use taxes with respect to the supply.
(b)
Barter transactions
For
purposes of this chapter, the taxable amount for any taxable supply
which includes consideration other than money shall be the fair market
value of the consideration (including all
invoiced charges for transportation and other items payable to the
provider) plus the amount of any money paid in
consideration.
(c)
Imports
For
purposes of this chapter, the taxable amount in the case of any
import shall
be—
(1) the customs value
plus customs duties and any other duties which may be imposed, or
(2) if there is no
such customs value, the fair market value (determined as if the
importer had
sold the supply).
For purposes of this subsection, the customs value of any import shall include all
invoiced charges for transportation and other items payable to the
importer with
respect to the supply.
(d)
Special rule in
the case of sales of certain used consumer goods
For purposes of
this chapter, if—
(1) a person
acquires any tangible personal property in a transaction which was
not taxable under this chapter, and
(2) such property had
been used by an ultimate consumer before such acquisition,
the
taxable amount in the case of any sale of such property by such
person
(determined without regard to this subsection) shall be reduced by
the amount
paid for such property by such person.
B
Taxable
supply
Sec. 3911. Taxable supply.
Sec. 3912. Supplies made in connection with the United States.
Sec. 3913. Exempt supply.
3911.
Taxable
supply
(a)
In general
For purposes of
this chapter, the term taxable supply means—
(1) the importation of property into the United States, and
(2) any supply (other than an exempt supply)—
(A) which is provided—
(i) in the course of carrying on a trade or business,
(ii) in the case of an organization exempt from tax under section 501(a), in furtherance of the
activities related to the purpose or function constituting the basis of
its exemption under section 501, or
(iii) in the case of a State, an Indian tribal government, a possession of the United States, or any
political subdivision of any
of the foregoing, or the United States or the District of Columbia, in
carrying out any activity that is not an essential governmental function,
(B) for which consideration is provided in return, and
(C) which is made in connection with the United States.
(b)
Supply
For purposes of this chapter—
(1)
In general
The term supply means any supply whatsoever, including—
(A) the sale or provision (including through renting, leasing, or licensing) of property,
(B) the performance of services,
(C) the grant, assignment, or surrender of real property,
(D) the creation, grant, transfer, assignment, or surrender of any right,
(E) financial supplies, and
(F) an entry into, or release from, an obligation or agreement to perform or refrain from performing an
act.
(2)
Special rule for services for employer
An employee’s services for the employee’s employer shall
not be treated as a supply.
3912.
Supplies made
in connection with the United States
(a)
Tangible property
For purposes of this chapter—
(1)
In
general
The supply of tangible property
is made in connection with the United States if—
(A) the property is delivered or made available to the recipient in the United
States, or
(B) the property is assembled in or removed from any location in the United States.
(2)
Real
property
The supply of real property is made in connection with the United States if the real
property is located in the United States.
(b)
Services, intangible property, and other supplies
For purposes of this chapter, the supply of anything other than tangible property or real property
is made in
connection with the United States if—
(1) the supply is used, performed, or otherwise
done in the United States, or
(2) the supply is provided through a trade or business in the United States.
3913.
Exempt supply
(a)
In general
An exempt supply shall not be subject to tax under this chapter.
(b)
Exempt supply
For purposes of this chapter—
(1)
In general
The term exempt supply means—
(A) the rental or leasing of residential real property,
(B) any sale of qualified residential real property,
(C) any financial supply, and
(D) any taxable supply (or category of such supplies) treated as an exempt supply under section
3932(b).
(2)
Qualified residential real property
For purposes of paragraph (1), the term qualified residential real property means residential real property—
(A) which—
(i) has previously been sold as residential real property, or
(ii) has been continuously rented for 5 years or more, and
(B) to which substantial renovations have not been made after the date of the enactment of this
chapter.
C
Credit against tax
Sec. 3916. Credit against
tax.
3916.
Credit against
tax
(a)
General
rule
There shall be allowed as a credit against the aggregate amount of tax imposed
by section 3901 with respect to all taxable supplies made by the
taxpayer during the taxable period an amount equal
to the aggregate amount of tax
imposed by section 3901 on creditable acquisitions of the taxpayer during
such taxable period.
(b)
Creditable acquisitions
For purposes of this chapter, the term creditable acquisition means the acquisition or receipt of any supply—
(1) which was subject to tax under section 3901 at the time it was provided to the taxpayer,
(2) which was used by the taxpayer—
(A) in the course of carrying on a trade or business,
(B) in the case of a taxpayer exempt from tax under section 501(a), in furtherance of the
activities related to the purpose or function constituting the basis of
the exemption under section 501, or
(C) in the case of a State, an Indian tribal government, a possession of the United States, or any
political subdivision of any
of the foregoing, or the United States or the District of Columbia, in
carrying out any activity that is not an essential governmental function,
and
(3) which was not used by the taxpayer to make an exempt supply.
(c)
Exempt
supplies, etc
If supplies are used partly for a use described in subsection (b)(2) and partly for
another use, the
credit shall be allowable only with respect to the supplies used
as described in subsection (b)(2).
(d)
Excess credit
treated as overpayment
(1)
In
general
If for any taxable period the amount of the
credit allowable by subsection (a) exceeds the aggregate amount of
the tax
imposed by section 3901 for such period, such excess shall be
treated as an
overpayment of the tax imposed by section 3901.
(2)
Time when
overpayment arises
Any overpayment under paragraph (1) for any
taxable period shall be treated as arising on the later of—
(A) the due date for
the return for such period, or
(B) the date on which
the return is filed.
D
Administration
Sec. 3921. Provider liable for tax.
Sec. 3922. Tax invoices.
Sec. 3923. Time for filing return and claiming credit; deposits of tax.
Sec. 3924. Treatment of related businesses, etc.
Sec. 3925. Reports.
Sec. 3926. Regulations.
3921.
Provider liable
for tax
(a)
In general
Except as provided in subsection (b), the person providing the supply shall be liable for the tax
imposed by section
3901.
(b)
Special rule for imports
The person receiving the supply shall be liable for the tax imposed under section 3901—
(1) in the case of any taxable supply described in section 3911(a)(1), and
(2) in the case of any taxable supply which is not a supply of tangible property and which is—
(A) performed or otherwise done outside the United States,
(B) used in the United States, and
(C) acquired for use—
(i) in carrying on a trade or business in the United States,
(ii) by an organization exempt from tax under section 501(a), in furtherance of activities related to
the
purpose or function constituting the basis of
its exemption under section 501, or
(iii) by a State, an Indian tribal government, a possession of the United States, or any political
subdivision of any
of the foregoing, or the United States or the District of Columbia, in
carrying out any activity that is not an essential governmental function.
3922.
Tax
invoices
(a)
In general
(1)
Supplies made in connection with the United States
Except as otherwise provided in this subsection, any person providing a taxable
supply shall give the
recipient a tax invoice with respect to
such
supply.
(2)
Certain services performed outside the United States
In the case of any taxable supply described in section 3921(b)(2), paragraph (1) shall not apply
and the person receiving the taxable supply shall
generate a tax invoice with respect to such supply.
(3)
Imports
In the case of any taxable supply described in section 3911(a), the Secretary, in consultation with
the Commissioner of Customs and Border Protection, shall promulgate
regulations governing the provision of tax invoices.
(b)
Content of
invoice
The tax invoice required by subsection (a) with respect
to any supply shall set forth—
(1) the name and, in the case of an invoice under subsection (a)(1),
identification number of the provider,
(2) the name of the
recipient,
(3) the date of the taxable supply,
(4) the taxable amount with respect to the taxable supply,
(5) the amount of the
tax imposed by section 3901, and
(6) such other
information as may be prescribed by regulations.
(c)
No credit
without invoice
(1)
In
general
Except as provided in paragraph (2) or (3), a taxpayer
may claim a credit with respect to a creditable acquisition only if
the
taxpayer—
(A) has in the taxpayer's possession a
tax invoice
which meets the
requirements of this section, and
(B) is named as the
recipient of the supply in such invoice.
(2)
Employees or
other agents named in invoices
To the extent provided in
regulations, the naming of an employee or other agent of the
recipient of the supply shall be
treated as the naming of the recipient.
(3)
Waiver of
invoice requirement in certain cases
To the extent provided in
regulations, paragraph (1) shall not apply—
(A) where the
taxpayer can demonstrate that the failure to receive or
to
have in the taxpayer’s possession a tax invoice was without fault
on the taxpayer's part, or
(B) to a taxable
supply (or category of supplies) where—
(i) the amount
involved is de minimis, or
(ii) the information
required by subsection (b) can be reliably established by sampling
or by
another method and can be adequately documented.
(d)
Time for
furnishing invoice
Any invoice required to be furnished by
subsection (a) with respect to any supply shall be furnished
not later
than 15 business days after the tax point for such supply.
3923.
Time for
filing return and claiming credit; deposits of tax
(a)
Filing
return
Before the last day of the fourth week (third week, in the case of any taxpayer to which subsection
(c)(2) applies) after the close of each taxable period, each
person liable for tax under this chapter shall
file a return of the tax imposed by section 3901 on taxable
supplies having
a tax point within such taxable period.
(b)
Credit allowed
for taxable period in which recipient receives invoice
(1)
In
general
Except as provided in paragraph (2), a credit allowable
by section 3916 with respect to a supply may be allowed only
for the first
taxable period by the close of which the taxpayer—
(A) has paid or
accrued amounts properly allocable to the tax imposed by section
3901 with
respect to such supply, and
(B) has a tax invoice
(or equivalent) with respect to such supply.
(2)
Use for later
period
Under regulations, a credit allowable by section 3916 may
be allowed for a period after the period set forth in paragraph
(1).
(c)
Taxable
period
For purposes of this chapter—
(1)
In
general
Except as provided in paragraph (2), the term taxable period means a calendar
quarter.
(2)
Monthly period for certain taxpayers
(A)
In general
In the case of a taxpayer who makes taxable supplies for any month in excess of $20,000,000, the
term taxable period means a calendar month.
(B)
Election of
1-month period
If the taxpayer so elects, the term taxable
period means a calendar month.
(d)
Tax point
For purposes of this chapter—
(1)
Chapter
1 rules with respect to provider
govern
Except as provided in paragraph (2), the tax point for any supply is the earlier of—
(A) the time (or
times) when any income from the provision of the supply should be
treated by the
provider as
received or accrued (or any loss should be taken into account by
the seller)
for purposes of chapter 1, or
(B) the time (or
times) when the provider receives payment for the sale.
(2)
Imports
In
the case of the importing of property, the tax point is when the
property is
entered, or withdrawn from warehouse, for consumption in the United
States.
(e)
Monthly deposits
required
To the extent provided in regulations, monthly deposits
may be required of the estimated liability for any taxable period
for the tax
imposed by section 3901.
3924.
Treatment of
related businesses, etc
For purposes of this chapter, to
the extent provided in regulations, the taxpayer may elect—
(1) to treat as 1
person 2 or more businesses which may be treated under
section 52(b) as
1 employer, and
(2) to treat as
separate persons separate divisions of the same business.
3925.
Reports
The Secretary shall submit to Congress semi-annual reports on the implementation and administration
of this chapter, including the amount of revenue collected from the tax
imposed under this chapter and estimates of the revenue to be collected
from such tax for future period.
3926.
Regulations
The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of this
chapter.
E
Definitions and
Special Rules
Sec. 3931. Definitions.
Sec. 3932. Special rules.
3931.
Definitions
For purposes of this chapter—
(1)
Business
The term business includes—
(A) a trade,
and
(B) an activity
regularly carried on for profit.
(2)
Business
Day
The term business
day means any day other than Saturday and Sunday and other than a legal
holiday (within the meaning of section 7503).
(3)
Employee
The term employee has the meaning such
term has for purposes of chapter 24.
(4)
Financial supplies
The term financial supplies means the provision, acquisition, or disposal of any of the following: a bank account, a debit or
credit arrangement, a mortgage, a superannuation fund, an annuity,
insurance, a financial guarantee, an indemnity, currency, securities, or
derivatives.
(5)
Person
The term person includes any
governmental entity.
(6)
Provide; provider
The term provide, when used in reference to taxable supplies (other than in section 3911(a)(2)), includes the
importation of property and the term provider includes the importer of property.
(7)
United
States
The term United
States, when used in a geographical sense, includes a Commonwealth and
any possession of the United States.
3932.
Special
rules
(a)
Coordination
with subtitle A
For purposes of
subtitle A—
(1)
Treatment of
credit
Any credit allowable to a taxpayer under section 3916
which is attributable to any supply shall be treated
as a
reduction in the amount paid or incurred by the taxpayer for such
supply.
(2)
Amount of
deduction for tax
The amount allowable as a deduction for the tax
imposed by section 3901 shall be determined without regard to any
credit
allowable under section 3916.
(3)
Computation of
percentage depletion
For purposes of sections 613 and
613A—
(A) gross income shall
be reduced by the amount of the tax imposed by section 3901, and
(B) taxable income
shall be determined without regard to any deduction allowed for
such
tax.
(b)
Authority to zero
rate de minimis supplies, etc
The Secretary may prescribe
regulations treating as an exempt supply any taxable
supply (or category of such supplies) where—
(1) the amount
involved is de minimis, or
(2) the revenue raised
by taxing the supply is not sufficient to justify the
administrative and
other costs involved in the payment and collection of the tax.
.
(b)
Clerical
Amendment
The table of chapters for subtitle D is amended by inserting before the item relating to
chapter 31 the following:
Chapter 30. Progressive consumption
tax
.
(c)
Effective
Date
The amendments made by this section shall apply to
supplies provided after December 31, 2015.
II
Individual and corporate tax reform
A
Individual income tax reforms
201.
Individual income tax rate reductions
(a)
In general
(1)
Married individuals filing joint returns and surviving spouses
Subsection (a) of section 1 is amended by striking the table and inserting the following:
If taxable income is:The tax is:Not over $100,00015 percent of taxable income.Over $100,000 but not over $500,000$15,000, plus 25 percent of the excess over $100,000.Over $500,000$115,000, plus 28 percent of the excess over $500,000.
.
(2)
Heads of households
Subsection (b) of section 1 is amended by striking the table and inserting the following:
If taxable income is:The tax is:Not over $50,00015 percent of taxable income.Over $50,000 but not over $250,000$7,500, plus 25 percent of the excess over $50,000.Over $250,000$57,500, plus 28 percent of the excess over $250,000.
.
(3)
Unmarried individuals (other than surviving spouses and heads of households)
Subsection (c) of section 1 is amended by striking the table and inserting the following:
If taxable income is:The tax is:Not over $50,00015 percent of taxable income.Over $50,000 but not over $250,000$7,500, plus 25 percent of the excess over $250,000.Over $250,000$57,500, plus 28 percent of the excess over $250,000.
.
(4)
Married individuals filing separate returns
Subsection (d) of section 1 is amended by striking the table and inserting the following:
If taxable income is:The tax is:Not over $50,00015 percent of taxable income.Over $50,000 but not over $250,000$7,500, plus 25 percent of the excess over $250,000.Over $250,000$57,500, plus 28 percent of the excess over $250,000.
.
(b)
Conforming amendments relating to cost-of-Living adjustment
(1)
In general
Paragraph (3) of section 1(f) is amended by inserting , except as provided in paragraph (7), after for any calendar year.
(2)
Updated cost-of-living adjustment for new rates
Section 1(f) is amended by striking paragraphs (7) and (8) and inserting the following:
(7)
Cost-of-living adjustment for years after 2015
(A)
Calendar year 2016
In prescribing the tables under paragraph (1) which apply in lieu of the tables contained in
subsections (a), (b), (c), and (d) with respect to taxable years beginning
in calendar year 2016, the Secretary shall make no adjustment to the
dollar amounts in any such table.
(B)
Later calendar years
In prescribing tables under paragraph (1) which apply in lieu of the tables contained in
subsections (a), (b), (c), and (d) with respect to taxable years beginning
after December 31, 2016, the cost-of-living adjustment used in making
adjustments to the dollar amounts in such tables
shall be determined under paragraph (3) by substituting 2015
for 1992.
.
(3)
Conforming amendments
(A) Paragraph (2) of section 1(f) is amended—
(i) by striking paragraph (8) in subparagraph (A) and inserting paragraph (7)(A), and
(ii) by striking by adjusting in subparagraph (C) and inserting except as provided in paragraph (7)(A), by adjusting.
(B) The heading of subsection (f) of section 1 is amended by striking Phaseout of marriage penalty in 15-percent bracket; adjustments and inserting Adjustments.
(c)
Conforming amendment relating to rates
Section 1 is amended by striking subsection (i).
(d)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2015.
202.
Family allowance amounts
(a)
In general
Section 63 is amended to read as follows:
63.
Taxable income defined
(a)
In general
For purposes of this subtitle, the term taxable income means adjusted gross income minus—
(1) the deductions allowed by this chapter (other than those taken into account in determining adjusted
gross income), and
(2) the family allowance amount.
(b)
Family allowance
For purposes of this subtitle—
(1)
In general
The family allowance amount with respect to a taxpayer shall be determined in accordance with the
following table: If the taxpayer is:The family allowance amount is: Single or married filing separately$50,000 Married filing jointly or a surviving spouse$100,000 A head of a household$75,000.
(2)
Definitions
For purposes of this subsection—
(A) the term single or married filing separately means a taxpayer to whom subsection (c) or (d) of section 1 applies,
(B) the term married filing jointly or a surviving spouse means a taxpayer to whom subsection (a) of section 1 applies, and
(C) the term head of a household means a taxpayer to whom subsection (b) of section 1 applies.
(3)
Adjustment for inflation
In the case of any taxable year beginning after 2016, each of the dollar amounts in the table under
paragraph (1) shall 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, by substituting calendar year 2015 for calendar year 1992 in subparagraph (B) thereof.
(c)
Cross references
(1) For deductions of estates and trusts in lieu of the family allowance amount, see section 642(b).
(2) For calculation of family allowance relating to nonresident aliens, see section 873(b)(3).
(3) For determination of marital status, see section 7703.
.
(b)
Termination of personal exemptions
(1)
In general
Subsection (a) of section 151 is amended by inserting , for a taxable year beginning before January 1, 2016 after In the case of an individual.
(2)
Identifying information required to treat individual as dependent
Section 152 is amended by adding at the end the following new subsection:
(g)
Identifying information required
No individual shall be treated as a dependent of the taxpayer under this section for a taxable year
unless the taxpayer includes the TIN of such individual on the return of
tax for the taxable year.
.
(3)
Conforming amendments
(A) Section 2(a)(1)(B)(ii) is amended by striking of a dependent and all that follows and inserting of a dependent (as defined in section 152) who (within the meaning of section 152, determined
without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a
son, stepson, daughter, or stepdaughter of the taxpayer..
(B) Section 2(b)(1)(A)(ii) is amended by striking if the taxpayer is entitled to a deduction for the taxable year for such person under section 151 and inserting within the meaning of section 152.
(C) Section 2(b)(1)(B) is amended by striking if the taxpayer is entitled to a deduction for the taxable year for such father or mother under
section 151 and inserting if such father or mother is a dependent of the taxpayer for the taxable year, within the meaning of
section 152.
(D) Section 36B(b)(3)(B) is amended—
(i) by striking who is not allowed a deduction under section 151 for the taxable year with respect to a dependent in clause (ii)(I)(aa) and inserting with respect to whom no dependents are taken into account under section 152 for purposes of any
provision of this title for the taxable year, and
(ii) by striking unless a deduction is allowed under section 151 for the taxable year with respect to a dependent
other than either spouse and inserting unless a dependent other than either spouse is taken into account under section 152 for purposes of
any provision of this title for the taxable year.
(E) Section 36B(c)(1)(D) is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer and inserting who is taken into account as a dependent by another taxpayer under section 152 for purposes of any
provision of this title.
(F) Section 36B(d)(1) is amended by striking for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction
for personal exemptions) and inserting who is a dependent of the taxpayer under section 152.
(G) Section 36B(e)(1) is amended by striking for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction
for personal exemptions) and inserting who is a dependent of the taxpayer under section 152.
(H) Section 152(d)(1)(B) is amended by striking the exemption amount (as defined in section 151(d)) and inserting the family allowance amount applicable to taxpayers who are single or married filing separately
under section 63(b).
(I) Section 152(f)(6)(B)(i) is amended by striking the deduction under section 151(c) and inserting the family allowance amount under section 63(b).
(J) Part V of subchapter B of chapter 1 is amended by striking section 153.
(K) The table of sections for part V of subchapter B of chapter 1 is amended by striking the item
relating to section 153.
(L) Section 172(d)(3) is amended to read as follows:
(3)
Family allowance amount
Taxable income under section 63 shall be determined without regard to paragraph (2) of section
63(a), relating to the family allowance amount. No deduction in lieu of
the exclusion of such family allowance amount shall be allowed.
.
(M) Section 220(b)(6) is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer and inserting who is taken into account as a dependent by another taxpayer under section 152 for purposes of any
provision of this title.
(N) Section 223(b)(6) is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer and inserting who is taken into account as a dependent by another taxpayer under section 152 for purposes of any
provision of this title.
(O) Section 443(c) is amended by striking the exemptions allowed as a deduction under section 151 (and any deduction in lieu thereof) shall
be reduced to amounts which bear the same ratio to the full exemptions and inserting the family allowance amount under section 63 (and any deduction in lieu thereof) shall be reduced
to an amount which bears the same ratio to the full family allowance
amount.
(P) Section 642(b)(2)(C)(i) is amended—
(i) by striking 151(d) and inserting 151(d) (as in effect for taxable years beginning before January 1, 2016), and
(ii) by striking 151(d)(3)(C)(iii) in subclause (I) and inserting 151(d)(3)(C)(iii) (as so in effect).
(Q) Section 642(b)(3) is amended by striking the deductions allowed under section 151 (relating to deduction for personal exemption) and inserting the family allowance amount under section 63.
(R) Section 703(a) is amended—
(i) by striking and at the end of paragraph (1),
(ii) by striking subparagraph (A) of paragraph (2) and by redesignating subparagraphs (B), (C), (D),
(E), and (F) of such paragraph as subparagraphs (A), (B), (C), (D), and
(E),
(iii) by striking the period at the end of paragraph (2)(F) and inserting , and, and
(iv) by adding at the end the following new paragraph:
(3) taxable income under section 63 shall be determined without regard to paragraph (2) of section
63(a), relating to the family allowance amount.
.
(S) Section 773(b) is amended—
(i) by striking subparagraph (A) of paragraph (1) and by redesignating subparagraphs (B) and (C) of
such paragraph as subparagraphs (A) and (B), and
(ii) by adding at the end the following new paragraph:
(4)
Family allowance amount
Taxable income under section 63 shall be determined without regard to paragraph (2) of section
63(a), relating to the family allowance amount.
.
(T) Section 873(b) is amended—
(i) by striking deductions in the matter preceding paragraph (1), and
(ii) by striking paragraph (3) and inserting the following:
(3)
Family allowance amount
The exclusion of the family allowance amount under section 63(a)(2), except that the taxpayer shall
be treated for purposes of section 63(b) as single or married filing
separately unless the taxpayer is a resident of a contiguous country or is
a national of the United States.
.
(U) The heading of section 873 is amended by striking Deductions and inserting Deductions and allowances.
(V) The item relating to section 873 in the table of sections for subpart A of part II of subchapter N
of chapter 1 is amended to read as follows:
Sec. 873. Deductions and allowances.
.
(W) Section 874(b) is amended by striking deduction for exemptions under section 151 and inserting exclusion of the family allowance amount under section 63(a)(2).
(X) Section 891 is amended by striking deductions allowable under section 151 and under and inserting exclusion of the family allowance amount under section 63(a)(2) and the deductions allowable under.
(Y) Section 904(b)(1) is amended to read as follows:
(1)
Family allowance and deductions
For purposes of subsection (a), the taxable income in the case of an individual, estate, or trust
shall be computed without regard to the exclusion of the family allowance
amount under section 63(a)(2) or any deduction in lieu of such exclusion.
.
(Z) Section 931(b)(1) is amended by striking deductions (other than the deduction under section 151, relating to personal exemptions) and inserting deductions.
(AA) Section 933 is amended—
(i) by striking deductions (other than the deduction under section 151, relating to personal exemptions) in paragraph (1) and inserting deductions, and
(ii) by striking deductions (other than the deduction for personal exemptions under section 151) in paragraph (2) and inserting deductions.
(BB) Section 1212(b)(2)(B)(ii) is amended to read as follows:
(ii) the family allowance amount for the taxable year under section 63(b) or any deduction allowed in
lieu thereof.
.
(CC) Section 1402(a)(7) is amended to read as follows:
(7) taxable income under section 63 shall be determined without regard to paragraph (2) of section
63(a), relating to the family allowance amount;
.
(DD) Section 5000A(c)(4)(A) is amended by striking for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction
for personal exemptions) and inserting who are taken into account as a dependent by the taxpayer under section 152 for purposes of any
provision of this title.
(EE) Section 6012(a)(1) is amended to read as follows:
(1)
(A) Every individual—
(i) having for the taxable year gross income which equals or exceeds the family allowance amount
applicable to the individual under section 63, or
(ii) in the case of individuals entitled to make a joint return (but only if the individual and the
individual's spouse had the same household as their home at the close of
the taxable year), every individual whose gross income, when combined with
the gross income of the individual's spouse, equals or exceeds the family
allowance amount applicable to taxpayers who are married filing jointly
under section 63.
(B) Every individual not described in subparagraph (A) who is taken into account as a dependent by
another taxpayer under section 152 for purposes of any provision of this
title,
but only if such individual's gross income, when combined with the gross
income of all individuals taken into account in determining the family
allowance amount under section 63(b) of the taxpayer,
equals or exceeds the family allowance amount applicable to the taxpayer
under such section.
.
(FF) Section 6012(a)(8) is amended by striking is not less than the sum of the exemption amount plus the basic standard deduction under section
63(c)(2)(D) and inserting equals or exceeds the family allowance amount applicable to the estate under section 1398(c)(3).
(GG) Section 6013(b)(3)(A) is amended by striking has the meaning given to such term and all that follows and inserting means the family allowance amount applicable to a taxpayer who is single or married filing
separately under section 63(b)..
(HH) Section 6014(a) is amended by striking who does not itemize his deductions and who is not described in section 6012(a)(1)(C)(i) and inserting who is not described in section 6012(a)(1)(B).
(II) Section 6103(l)(21)(A)(iii) is amended by striking for whom a deduction is allowed under section 151 and inserting who is taken into account as a dependent under section 152 for purposes of any provision of this
title.
(JJ) Section 6334(d)(2)(A) is amended to read as follows:
(A) the family allowance amount determined under section 63(b) with respect to the taxpayer for the
taxable year in which such levy occurs, divided by
.
(KK) Section 7703(b)(1) is amended by striking with respect to whom such individual is entitled to a deduction for the taxable year under section
151 (or would be so entitled but for section 152(e)) and inserting who is a dependent (within the meaning of section 152) of the individual for the taxable year.
(4)
Amendments relating to payroll withholding
(A)
In general
Paragraph (1) of section 3402(f) is amended by striking subparagraph (A) and all that follows and
inserting the following:
(A) an exemption equal to the family allowance exemption amount; and
(B) any allowance to which the employee is entitled under subsection (m), but only if the employee's
spouse does not have in effect a withholding exemption certificate
claiming such allowance.
.
(B)
Family allowance exemption amount
Subsection (f) of section 3402 is amended—
(i) by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7),
and (8), respectively,
(ii) by striking paragraph (2)(C) in paragraph (3)(B)(iii) and inserting paragraph (3)(C), and
(iii) by inserting after paragraph (1) the following new paragraph:
(2)
Family allowance exemption amount
For purposes of this section—
(A)
In general
Except as provided in subparagraphs (B) and (C), the term family allowance exemption amount means the family allowance amount with respect to the taxpayer under section 63(b) for the taxable
year in which the payroll period begins, prorated to the payroll period.
(B)
Married employees
If the employee is married filing jointly and the employee's spouse is an employee receiving wages,
the employee and the employee's spouse may divide the family allowance
amount determined under section 63(b) in the proportion of their choice
for purposes of this paragraph, but the sum of the family allowance
exemption amounts claimed by the employee and the employee's spouse shall
not exceed such family allowance amount.
(C)
Employees with more than 1 employer
In the case of an employee that has withholding exemption certificates in effect with respect to
more than 1 employer, the employee may divide the family allowance amount
(or the employee's share of such amount after the application of
subparagraph (B), if applicable) determined under section 63(b) among
employers in the proportion of the employee's choice for purposes of this
paragraph, but the sum of the family allowance exemption amounts claimed
by the employee with respect to all employers shall not exceed such family
allowance amount (or the employee's share of such amount after the
application of subparagraph (B), if applicable).
.
(C)
Conforming amendments
(i) Paragraph (2) of section 3402(a) is amended by striking the number of withholding exemptions claimed and all that follows and inserting the total amount of the withholding exemptions claimed..
(ii) Paragraph (3) of section 3402(f), as redesignated by subparagraph (B)(i) of this paragraph, is
amended—
(I) by striking the number of withholding exemptions and all that follows in subparagraph (A) and inserting the total amount of the withholding exemptions which the employee claims, which shall in no event
exceed the amount to which the employee is entitled.,
(II) by striking the number of withholding exemptions each place it appears in subparagraphs (B) and (C) and inserting the total amount of the withholding exemptions,
(III) by striking the number to which he is entitled each place it appears in subparagraph (B) and inserting the amount to which the employee is entitled,
(IV) by striking the number to which the employee is entitled in subparagraph (C) and inserting the amount to which the employee is entitled, and
(V) by striking the number to which he will be, or reasonably may be expected to be, so entitled in subparagraph (C) and inserting the amount to which the employee will be, or reasonably may be expected to be, so entitled.
(iii) Paragraph (7) of section 3402(f), as redesignated by subparagraph (B)(i) of this paragraph, is
amended by striking shall be entitled to only one withholding exemption and inserting shall be treated as single or married filing
separately for purposes of determining the family allowance exemption
amount.
(iv) Paragraph (8) of section 3402(f), as redesignated by subparagraph (B)(i) of this paragraph, is
amended by inserting , except as provided in paragraph (2)(C) after with respect to one employer.
(v) Paragraph (3) of section 3402(m) is amended by striking deductions (including the additional standard deduction under section 63(c)(3) for the aged and
blind) and inserting deductions.
(vi) Paragraph (2) of section 3402(r) is amended striking the sum of and all that follows and inserting the family allowance amount determined under section 63(b) for a taxpayer who is single or married
filing separately..
(vii) Section 6040(4) is amended by striking section 3402(f)(2), (3), (4), and (5) and inserting paragraphs (3), (4), (5), and (6) of section 3402(f).
(c)
Conforming amendments
(1) Section 1(f)(6) is amended—
(A) by striking 63(c)(4) each place it appears and inserting 63(b)(3), and
(B) by inserting , subsection (g)(4)(B) after paragraph (2)(A) in subparagraph (A).
(2) Section 1(g)(4) is amended—
(A) by striking clause (ii) of subparagraph (A) and inserting the following:
(ii) the sum of—
(I) $500, plus
(II) the greater of the amount described in subclause (I) or the amount of the itemized deductions
allowed by this chapter which are directly connected with the production
of the portion of adjusted gross income referred to in clause (i).
, and
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and
inserting after subparagraph (A) the following new subparagraph:
(B)
Adjustment for inflation
In the case of any taxable year beginning in a calendar year after 1988, the $500 amount in
subparagraph (A)(ii)(I) shall be increased by an amount equal to—
(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the
taxable year begins, by substituting calendar year 1987 for calendar year 1992 in subparagraph (B) thereof.
.
(3) Section 3(a) is amended to read as follows:
(a)
(1)
In general
In lieu of the tax imposed by section 1, there is hereby imposed for each taxable year on the
taxable income of every individual whose taxable income does not exceed
the ceiling amount a tax determined under tables, applicable to such
taxable year, which shall be prescribed by the Secretary and which shall
be in such form as the Secretary determines appropriate. In the table so
prescribed, the amounts of the tax shall be computed on the basis of the
rates prescribed by section 1.
(2)
Ceiling amount defined
For purposes of paragraph (1), the term ceiling amount means, with respect to any taxpayer, the amount (not less than $20,000) determined by the
Secretary for the tax rate category in which such taxpayer falls.
.
(4) Section 861(b) is amended by striking the last sentence.
(5) Section 862(b) is amended by striking the last sentence.
(6) Section 1398(c) is amended—
(A) by striking paragraph (3) and inserting the following:
(3)
Family allowance amount
The family allowance amount under section 63(b) taken into account for the estate for the taxable
year shall be the same as for a taxpayer who is single or married filing
separately.
, and
(B) by striking basic standard deduction in the heading and inserting family allowance amount.
(7) Section 6212(c)(2) is amended by striking subparagraph (A) and by redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B), respectively.
(8) Section 6014(b)(4) is amended by striking deductions and all that follows and inserting deductions..
(9) Section 6504 is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), (5),
(6), (7), (8), (9), (10), and (11) as paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), and (10), respectively.
(d)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2015.
203.
Repeal of limitations relating to itemized deductions
(a)
In general
Sections 67 and 68 are repealed.
(b)
Conforming amendments
(1) Section 162(o) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph
(2).
(2) Section 164(b)(5)(H)(ii) is amended—
(A) by striking the comma at the end of subclause (I) and inserting , and,
(B) by striking , and at the end of subclause (II) and inserting a period, and
(C) by striking subclause (III).
(3) Section 302(b)(5) is amended by inserting , as in effect on December 31, 2015 after 67(c)(2)(B).
(4) Section 562(c) is amended by inserting , as in effect on December 31, 2015 after 67(c)(2)(B).
(5) Section 642(b)(2)(C)(i)(II) is amended by inserting , and as in effect on December 31, 2015 after 642(b).
(6) Section 772(c)(3) is amended—
(A) by striking subparagraph (B), and
(B) by striking Income or loss from other activities.— and all that follows through For purposes of this chapter and inserting Income or loss from other activities.—For purposes of this chapter.
(7) Section 773(a)(3)(B) is amended by striking clause (i) and by redesignating clauses (ii), (iii),
and (iv) as clauses (i), (ii), and (iii), respectively.
(8) Section 773(b) is amended by striking paragraph (3).
(9) Section 1411(a)(2)(B)(i) is amended by inserting , as in effect on December 31, 2015 after 67(e).
(10) Subparagraphs (C)(iii) and (D)(v) of section 6654(d)(1) are each amended by inserting , as in effect on December 31, 2015 before the period.
(c)
Effective date
The repeal and the amendments made by this section shall apply to taxable years beginning after
December 31, 2015.
204.
Termination of separate treatment of capital gains
Subsection (h) of section 1 is amended by adding at the end the following new paragraph:
(12)
Termination
This subsection shall not apply to any taxable year beginning after December 31, 2015.
.
205.
Repeals
(a)
In general
The following provisions of the Internal Revenue Code of 1986 are repealed:
(1) Subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits).
(2) Subpart B of part IV of subchapter A of chapter 1 (relating to other credits), other than section
27 (relating to taxes of foreign countries and possessions of the United
States; possession tax credit).
(3) Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits), other than
sections 32 (relating to earned income) and 36B (relating to refundable
credit for coverage under a qualified health plan).
(4) Part VI of subchapter A of chapter 1 (relating to alternative minimum tax).
(5) Section 217 (relating to moving expenses).
(6) Section 221 (relating to interest on education loans).
(7) Section 222 (relating to qualified tuition and related expenses).
(8) Chapter 2A (relating to unearned income medicare contribution).
(b)
Effective date
The repeals made by subsection (a) shall take effect for taxable years beginning after December 31,
2015.
206.
Establishment of progressive tax rebate
(a)
In general
Section 32 is amended to read as follows:
32.
Progressive tax rebate
(a)
Allowance of credit
In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed
by this subtitle for the taxable year an amount equal to the
sum of—
(1) the earned income amount (as determined under subsection (b)),
(2) the child benefit amount (as determined under subsection (c)), plus
(3) the additional child benefit amount (as determined under subsection (d)).
(b)
Earned income amount
(1)
Single workers
In the case of an eligible taxpayer (other than a head of a household as defined in section 2(b))
who is not filing a joint return for the taxable year under section 6013,
the earned income amount shall be
equal to—
(A) in the case of a taxpayer whose earned income for the taxable year does not exceed $6,100, 25.1
percent of such earned income,
(B) in the case of a taxpayer whose earned income for the taxable year exceeds $6,100 but does not
exceed $9,000, $1,530 plus 17.1 percent of such earned income in excess of
$6,100,
(C) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the
taxable year exceeds $9,000, but does not
exceed $49,494, $2,025 minus 5 percent of such earned income or adjusted
gross income in excess of
$9,000, or
(D) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the
taxable year exceeds $49,494, $0.
(2)
Head of household
In the case of an eligible taxpayer who is a head of a household (as defined in section 2(b)),
the earned income amount shall be equal to—
(A) in the case of a taxpayer whose earned income for the taxable year does not exceed $9,150, 25.1
percent of such earned income,
(B) in the case of a taxpayer whose earned income for the taxable year exceeds $9,150 but does not
exceed $13,500, $2,294 plus 17.1 percent of such earned income in excess
of
$9,150,
(C) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the
taxable year exceeds $13,500, but does not
exceed $74,241, $3,037 minus 5 percent of such earned income or adjusted
gross income in excess of
$13,500, or
(D) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the
taxable year exceeds $74,241, $0.
(3)
Married filing jointly
In the case of an eligible taxpayer filing a joint return under section 6013, the earned income
amount shall be determined pursuant to paragraph (1), except that the
dollar amounts in effect under such paragraph shall be multiplied by 2.
(c)
Child benefit amount
(1)
In general
In the case of an eligible taxpayer with a qualifying child, the child benefit amount shall be
equal to 15 percent of the earned income of such taxpayer for the taxable
year.
(2)
Limitations
(A)
Limitation based on number of children
The child benefit amount determined under paragraph (1) shall not exceed an amount equal to the
product of—
(i) the number of qualifying children of the taxpayer, multiplied by
(ii) $1,590.
(B)
Reduction based on earnings or adjusted gross income
The child benefit amount determined under this subsection (as determined after application of
subparagraph (A)) shall be reduced (but not below zero) by an amount equal
to 5 percent of the earned income (or, if greater, the adjusted gross
income) of the taxpayer for the taxable year in excess of $75,000
($110,000 in the case of a joint return).
(d)
Additional child benefit amount
(1)
In general
In the case of an eligible taxpayer with a qualifying child, the additional child benefit amount
shall be equal to—
(A) in the case of a taxpayer whose earned income for the taxable year does not exceed $20,000, the
applicable percentage of such earned income,
(B) in the case of a taxpayer whose earned income exceeds $20,000 but does not exceed $25,000, the
applicable percentage of $20,000,
(C) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) exceeds
$25,000 but does not exceed the applicable amount, an amount equal to—
(i) the applicable percentage of $20,000, minus
(ii) 15 percent of such earned income or adjusted gross income in excess of $25,000, or
(D) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) exceeds the
applicable amount, $0.
(2)
Applicable percentage
For purposes of paragraph (1), the applicable percentage is—
(A) in the case of a taxpayer with 1 qualifying child, 11 percent,
(B) in the case of a taxpayer with 2 qualifying children, 17 percent, and
(C) in the case of a taxpayer with 3 or more qualifying children, 19 percent.
(3)
Applicable amount
For purposes of paragraph (1), the applicable amount is—
(A) in the case of a taxpayer with 1 qualifying child, $39,667,
(B) in the case of a taxpayer with 2 qualifying children, $47,667, and
(C) in the case of a taxpayer with 3 or more qualifying children, $50,333.
(e)
Eligible taxpayer
(1)
In general
The term eligible taxpayer means an individual—
(A) whose principal place of abode is in the United States for more than one-half of such taxable year,
and
(B) is not a dependent (as defined under section 152) to another taxpayer for any
taxable year beginning in the same calendar year as such taxable year.
(2)
Qualifying child ineligible
If an individual is the qualifying child of a taxpayer for any taxable year of such taxpayer
beginning in a calendar year, such individual shall not be treated as an
eligible taxpayer for any taxable year of such individual beginning in
such calendar year.
(3)
Exception for taxpayer claiming benefits under section 911
The term eligible taxpayer does not include any taxpayer who claims the benefits of section 911 for the taxable year.
(4)
Limitation on eligibility of nonresident aliens
The term eligible taxpayer shall not include any individual who is a nonresident alien individual for any portion of the
taxable year unless such individual is treated for such taxable year as a
resident of the United States for purposes of this chapter by reason of an
election under subsection (g) or (h) of section 6013.
(5)
Identification number requirement
No credit shall be allowed under this section to an eligible taxpayer who does not include on the
return of tax for the taxable year—
(A) such individual's taxpayer
identification number, and
(B) if the individual is married (within the meaning of section 7703), the taxpayer identification
number of such individual's spouse.
(6)
Taxpayers who do not include TIN, etc., of any qualifying child
No credit shall be allowed under this section to any eligible taxpayer who has one or more
qualifying children if no qualifying child of such taxpayer is taken
into account under subsection (c) or (d) by reason of subsection (f)(4).
(7)
Treatment of military personnel stationed outside of the United States
For purposes of paragraph (1)(A) and subsection (f)(3), the principal place of abode of a member of
the Armed Forces of
the United States shall be treated as in the United States during any
period during which such member is stationed outside the United States
while serving on extended active duty with the Armed Forces of the United
States. For purposes of the preceding sentence, the term extended active duty means any period of active duty pursuant to a call or order to such duty for a period in excess of
90 days or for an indefinite period.
(8)
Joint return
(A)
Married individuals
In the case of an individual who is married (within the meaning of section 7703), this section
shall apply only if a joint return is filed for the taxable year under
section 6013.
(B)
Other
In the case of taxpayer filing a joint return under section 6013, such taxpayer shall not be
treated as an eligible taxpayer for purposes of this section unless either
the taxpayer or the taxpayer's spouse satisfies each of the requirements
under this subsection.
(f)
Qualifying child
(1)
In general
The term qualifying child means a qualifying child of the taxpayer (as defined in section 152(c), determined without regard
to paragraph (1)(D) thereof and section 152(e)).
(2)
Married individual
The term qualifying child shall not include an individual who is married as of the close of the eligible taxpayer's taxable
year
unless the individual qualifies as a dependent (as defined under section
152) of the taxpayer for such
taxable year.
(3)
Place of abode
For purposes of paragraph (1), the requirements of section 152(c)(1)(B) shall be met only if the
principal place of abode is in the United States.
(4)
Identification requirements
(A)
In general
A qualifying child shall not be taken into account under subsection (c) or (d) unless the taxpayer
includes the name, age, and TIN of the qualifying child on the return of
tax for the taxable year.
(B)
Other methods
The Secretary may prescribe other methods for providing the information described in subparagraph
(A).
(g)
Earned income
(1)
In general
The term earned income means—
(A) wages, salaries, tips, and other employee compensation, but only if such amounts are includible in
gross income for the taxable year, plus
(B) the amount of the taxpayer's net earnings from self-employment for the taxable year (within the
meaning of section 1402(a)), but such net earnings shall be determined
with regard to the deduction allowed to the taxpayer by section 164(f).
(2)
Special rules
For purposes of paragraph (1)—
(A) no amount received as a pension or annuity shall be taken into account,
(B) no amount to which section 871(a) applies (relating to income of nonresident alien individuals not
connected with United States business) shall be taken into account,
(C) no amount received for services provided by an individual while the individual is an inmate at a
penal institution shall be taken into account,
(D) no amount described in paragraph (1) received for service performed in work activities as
defined in paragraph (4) or (7) of section 407(d) of the Social Security
Act to which the taxpayer is assigned under any State program under part A
of title IV of such Act shall be taken into account, but only to the
extent such amount is subsidized under such State program, and
(E) a taxpayer may elect to treat amounts excluded from gross income by reason of section 112 as earned
income.
(h)
Taxable year must be full taxable year
Except in the case of a taxable year closed by reason of the death of the eligible taxpayer, no
credit shall
be allowable under this section in the case of a taxable year covering a
period of less than 12 months.
(i)
Coordination with certain means-Tested programs
For purposes of—
(1) the United States Housing Act of 1937,
(2) title V of the Housing Act of 1949,
(3) section 101 of the Housing and Urban Development Act of 1965,
(4) sections 221(d)(3), 235, and 236 of the National Housing Act, and
(5) the Food and Nutrition Act of 2008,
any refund made to a taxpayer by reason of this section shall
not be treated as income (and shall not be taken into account in
determining resources for the month of its receipt and the following
month).
(j)
Amount of credit To be determined under tables
The amount of the credit allowed by this section shall be determined under tables prescribed by the
Secretary.
(k)
Denial of credit for individuals having excessive investment income
(1)
In general
No credit shall be allowed under subsection (a) for the taxable year if the aggregate amount of
disqualified income of the taxpayer for the taxable year exceeds $5,000.
(2)
Disqualified income
For purposes of paragraph (1), the term disqualified income means—
(A) interest or dividends to the extent includible in income for the taxable year,
(B) interest received or accrued during the taxable year which is exempt from tax imposed by this
chapter,
(C) the excess (if any) of—
(i) gross income from rents or royalties not derived in the ordinary course of a trade or business,
over
(ii) the sum of—
(I) the deductions (other than interest) which are clearly and directly allocable to such gross income,
plus
(II) interest deductions properly allocable to such gross income,
(D) the capital gain net income (as defined in section 1222) of the taxpayer for such taxable year, and
(E) the excess (if any) of—
(i) the aggregate income from all passive activities for the taxable year (determined without regard to
any amount included in earned income under subsection (f) or described in
a preceding subparagraph), over
(ii) the aggregate losses from all passive activities for the taxable year (as so determined).
(3)
Passive activity
For purposes of paragraph (2)(E), the term passive activity has the meaning given such term by section 469.
(l)
Inflation adjustments
(1)
In general
In the case of any taxable year beginning after 2015, each of the dollar amounts in subsections
(b), (c), (d),
and (j)(1) 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 2014 for calendar year 1992 in subparagraph (B) thereof.
(2)
Rounding
If any dollar amount in subsections (b), (c), (d), and (j)(1), after being increased under
paragraph (1), is
not a
multiple of $100, such dollar amount shall be rounded to the nearest
multiple of $100.
(m)
Restrictions on taxpayers who improperly claimed credit in prior year
(1)
Taxpayers making prior fraudulent or reckless claims
(A)
In general
No credit shall be allowed under this section for any taxable year in the disallowance period.
(B)
Disallowance period
For purposes of subparagraph (A), the disallowance period is—
(i) the period of 10 taxable years after the most recent taxable year for which there was a final
determination that the taxpayer's claim of credit under this section was
due to fraud, and
(ii) the period of 2 taxable years after the most recent taxable year for which there was a final
determination that the taxpayer's claim of credit under this section was
due to reckless or intentional disregard of rules and regulations (but not
due to fraud).
(2)
Taxpayers making improper prior claims
In the case of a taxpayer who is denied credit under this section for any taxable year as a result
of the deficiency procedures under subchapter B of chapter 63, no credit
shall be allowed under this section for any subsequent taxable year unless
the taxpayer provides such information as the Secretary may require to
demonstrate eligibility for such credit.
.
(b)
Conforming amendments
(1) Section 86(f)(2) is amended by striking section 32(c)(2) and inserting section 32(g).
(2) Section 129(e)(2) is amended by striking section 32(c)(2) and inserting section 32(g).
(3) Section 6213(g)(2) is amended—
(A) in subparagraph (G), by striking section 32(c)(2)(A) and inserting section 32(g)(1), and
(B) in subparagraph (K), by striking section 32(k)(2) and inserting section 32(m)(2).
(4) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 32, after 25A,.
(5) The table of sections for subpart C of part IV of subchapter A of chapter 1 of subtitle A is
amended by striking the item relating to section 32 and inserting the
following:
Sec. 32. Progressive tax rebate..
(c)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2015.
207.
Technical and conforming amendments
The Secretary of the Treasury or the Secretary’s delegate shall, not later than 90 days after the
date of the enactment of this Act, submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of the
Senate a draft of any technical and conforming changes in the Internal
Revenue Code of 1986 which are necessary to reflect throughout such Code
the purposes of the provisions of, and amendments made by, this title.
B
Corporate tax reforms
211.
Corporate income tax rate reduction
(a)
In general
Subsection (b) of section 11 is amended to read as follows:
(b)
Amount of tax
The amount of the tax imposed by subsection (a) shall be an amount equal to 17 percent of the
taxable income.
.
(b)
Conforming amendment
Section 1551 is amended—
(1) by striking benefits of the graduated corporate rates and in the heading,
(2) by striking the benefits of the rates contained in section 11(b) which are lower than the highest rate
specified in such section, or in subsection (a), and
(3) by striking such benefits or credit in subsection (a) and inserting such credit.
(c)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2015.
III
Refund of excess consumption tax revenue
301.
Refunds of excess consumption tax revenue
(a)
In general
Subchapter B of chapter 65 is amended by adding at the end the
following new section:
6433.
Refunds of excess consumption tax revenue
(a)
In general
In the case of any qualifying excess consumption tax revenue year, the Secretary shall pay to each
eligible filer an amount equal to the consumption tax refund amount.
(b)
Qualifying excess consumption tax revenue year
For purposes of this section—
(1)
In general
The term qualifying excess consumption tax revenue year means any calendar year for which the net consumption tax revenues exceed 10 percent of gross
domestic product for such year.
(2)
Net consumption tax revenues
The net consumption tax revenues for any calendar year shall be the excess of—
(A) the tax imposed under section 3901 with respect to taxable supplies the tax point for which is
during such calendar year, over
(B) the credits allowed under section 3916 for such calendar year.
(3)
Gross domestic product
The gross domestic product for any calendar year shall be the last estimate of the gross domestic
product for such calendar year by the Department of Commerce which is
published before the date that is 3 months after the close of such
calendar year.
(c)
Eligible filer
For purposes of this section—
(1)
Definition
(A)
In general
The term eligible filer means, with respect to any qualifying excess consumption tax revenue year, any individual (other
than an individual described in paragraph (2)) who filed a return of
income tax for the individual's qualifying rebate taxable year.
(B)
Exclusion
The term eligible filer shall not include—
(i) any nonresident alien individual,
(ii) any individual who is a dependent (as defined in section 152) of another taxpayer for the
individual's qualifying
rebate taxable year, or
(iii) an estate or trust.
(2)
Qualifying rebate taxable year
The term qualifying rebate taxable year means, with respect to any individual in connection with a qualifying excess consumption tax
revenue year, the taxable year of such individual which contains 6 or more
months of such qualifying excess consumption tax revenue year.
(3)
Identification requirement
(A)
In general
An individual shall not be treated as an eligible filer for any year unless such individual
includes on the return of tax for such year—
(i) such individual's valid identification number,
(ii) in the case of a joint return, the valid identification number of such individual's spouse, and
(iii) the valid identification number of any qualifying child (as defined in section 32(f)) claimed on
such return.
(B)
Valid identification number
For purposes of subparagraph (A), the term valid identification number means a social security number issued to an individual by the Social Security Administration. Such
term shall not include a TIN issued by the Internal Revenue Service.
(C)
Special rule for members of the Armed Forces
Subparagraph (A) shall not apply to a joint return where at least 1 spouse was a member of the
Armed Forces of the United States at any time during the taxable year.
(d)
Consumption tax refund amount
(1)
In general
The consumption tax refund amount for any eligible filer for any qualifying excess consumption tax
year shall be the product of—
(A) the applicable amount, times
(B) the applicable shares of the eligible filer.
(2)
Applicable amount
The applicable amount for any qualifying excess revenue consumption tax year is an amount equal to—
(A) the excess described in subsection (b)(1), divided by
(B) the total number of applicable shares of all eligible filers for such year.
(3)
Applicable share
The number of applicable shares for any eligible filer shall be the sum of—
(A) 1 (2 in the case of a joint return), plus
(B) ½ of the number of qualifying children (as defined in section 32(f)) claimed on the eligible
filer's return for the filer's qualifying rebate taxable year.
(e)
Time for payment
Payments under subsection (a) shall be made as soon as practical after the Secretary has determined
the consumption tax refund amount.
.
(b)
Conforming amendments
(1) Section 1324(b)(2) of title 31, United States Code, is amended by striking or 6431 and inserting 6431, or 6433.
(2) The table of sections for subchapter B of chapter 65 is
amended by adding at the end the following new item:
Sec. 6433. Refunds of excess consumption tax revenue.
.
(c)
Effective date
The amendments made by this section shall apply to calendar years beginning after the date of the
enactment of this Act.