,i #aaeth ,,congress #ast ,session ,h4 ,r4 #aaf ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjag,mr4 ,buchanan introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to ensure that pass-through businesses do not pay tax at a higher rate than corporations4 #a4 ,short title ,this ,act may be cited as the ,main ,street ,fairness ,act4 #b4 ,business income of pass-through entities and individuals 7a7 ,qualified business income taxed at corporate rate ,section #a of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7i7 as subjection 7j7 and by inserting after subsection 7h7 the following3 7i7 ,qualified business income 7#a7 ,in general ,if a taxpayer has qualified business income for any taxable year1 the tax imposed by this section for such taxable year shall not exceed the sum of-- 7,a7 a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- 7i7 taxable income reduced by the sum of net capital gain plus qualified business income1 or 7ii7 the amount determined under clause 7i7 plus so much of qualified business income that1 when added together1 would not be taxed at a rate greater than the maximum rate in effect under section #aa7;b71 7,b7 tax on qualified business income reduced by the amount of qualified business income on which a tax is determined under subparagraph 7,a7 7if any71 determined under section #aa for the taxable year by treating qualified business income as taxable income of a corporation1 plus 7,c7 a tax on net capital gain1 computed as if subsection 7h7 imposed a tax on net capital gain4 7#b7 ,qualified business income defined ,for purposes of this subsection-- 7,a7 ,qualified business income ,the term qualified business income means all items of income1 deduction1 loss1 or credit properly attributable to the taxpayer from the active conduct of a trade or business in which-- 7i7 in the case of a partnership1 the taxpayer holds a capital or profits interest1 7ii7 in the case of an ,s corporation1 the taxpayer is a shareholder1 7iii7 in the case of a sole proprietorship or an entity otherwise disregarded as separate from its sole owner1 the taxpayer is the sole owner1 and 7iv7 in the case of a trust or estate1 the taxpayer is a beneficiary4 7,b7 ,net capital gain ,such term shall not include any item taken into account in determining net capital gain4 7,c7 ,exception for financial services income of partnerships ,in the case of a taxpayer who holds a capital or profits interest in a partnership1 such term does not include financial services income 7as defined in section #ijd7;d77#b77;,d774 7#c7 ,limitation ,paragraph 7#a7 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 #aa4 7#d7 ,net capital gain ,for purposes of this subsection1 the term net capital gain has the meaning given to such term by subsection 7h74 7#e7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary to carry out the purposes of this subsection4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4