Library / Laws / 113th / s / S. 910 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 910
IN THE SENATE OF THE UNITED STATES
May 8, 2013
Ms. Murkowski (for
herself and Mr. Begich) 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 allow
Indian tribes to receive charitable contributions of apparently wholesome
food.
1.
Charitable contributions of
apparently wholesome food to Indian tribes
(a)
In
general
Section 170(e)(3) of
the Internal Revenue Code of 1986 is amended—
(1) by redesignating subparagraphs (D) and (E)
as subparagraphs (E) and (F), respectively, and
(2) by inserting after subparagraph (C) the
following new subparagraph:
(D)
Special rule for
Indian tribes
(i)
In
general
For purposes of this paragraph, an Indian tribe (as
defined in section 7871(c)(3)(E)(ii)) shall be treated as an organization
eligible to be a donee under subparagraph (A) with respect to apparently
wholesome food (as defined in section 22(b)(2) of the Bill Emerson Good
Samaritan Food Donation Act (42 U.S.C. 1791(b)(2)) (as in effect on the date of
the enactment of this subparagraph)) only.
(ii)
Use of
property
For purposes of subparagraph (A)(i), if the use of the
apparently wholesome food donated is related to the exercise of an essential
governmental function of the Indian tribal government (within the meaning of
section 7871), such use shall be treated as related to the purpose or function
constituting the basis for the organization's
exemption.
.
(b)
Effective
date
The amendments made by this section shall apply to taxable
years beginning after December 31, 2012.