Civil War Battlefields Preservation Tax Incentives Act of 1994 - Amends the Internal Revenue Code to allow a deduction from the value of a gross estate of the transfer by an heir of a qualified conservation easement on land within a Civil War battlefield site.
Provides that the dollar limitation on the valuation of farm and other real property does not apply to property within a Civil War battlefield site.
Allows a tax credit of 50 percent of the amount of any qualified Civil War battlefield charitable contribution.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4823 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4823
To amend the Internal Revenue Code of 1986 to encourage the
preservation of Civil War battlefields for public purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 1994
Mr. Andrews of Texas 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 encourage the
preservation of Civil War battlefields for public purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Battlefields Preservation
Tax Incentives Act of 1994''.
SEC. 2. DEDUCTION FROM GROSS ESTATE FOR TRANSFER BY HEIR OF QUALIFIED
CONSERVATION EASEMENT ON LAND WITHIN A CIVIL WAR
BATTLEFIELD SITE.
(a) In General.--Section 2055 of the Internal Revenue Code of 1986
(relating to transfers for public, charitable, and religious uses) is
amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Transfer by Heir of Qualified Conservation Easement on Land
Within Civil War Battlefield Site.--
``(1) In general.--For purposes of this section, if--
``(A) the gross estate of a decedent includes real
property located within an area designated as a Civil
War battlefield by the Civil War Sites Advisory
Commission,
``(B) within 9 months after the date of death of
the decedent, the person who acquired the property from
the decedent (or to whom such property passed from the
decedent) transfers a qualified real property interest
in such property, and
``(C) the executor and the person referred to in
subparagraph (B) jointly elect the application of this
paragraph to such transfer,
such transfer shall be treated as a bequest of the decedent.
``(2) Qualified real property interest.--For purposes of
this subsection, the term `qualified real property interest'
means any qualified real property interest (as defined in
section 170(h)(2)(C)) which meets the requirements of section
170(h).
``(3) Denial of double benefit.--No deduction or credit
shall be allowed under any other provision of this title for
any transfer to which the election under paragraph (1)
applies.''
(b) Effective Date.--The amendment made by this section shall apply
to transfers referred to in section 2055(g)(1)(B) of the Internal
Revenue Code of 1986 (as added by this Act) after the date of the
enactment of this Act.
SEC. 3. DOLLAR LIMITATION ON SPECIAL ESTATE TAX VALUATION FOR FARM
PROPERTY NOT TO APPLY TO PROPERTY WITHIN CIVIL WAR
BATTLEFIELD SITE.
(a) In General.--Paragraph (2) of section 2032A(a) of the Internal
Revenue Code of 1986 (relating to valuation of certain farm, etc., real
property) is amended by adding at the end thereof the following new
sentence: ``The preceding sentence shall be applied without regard to
any such property which is within an area designated as a Civil War
battlefield by the Civil War Sites Advisory Commission.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 4. CREDIT FOR CHARITABLE CONTRIBUTION OF CERTAIN INTERESTS IN
CIVIL WAR BATTLEFIELD SITES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. CREDIT FOR CHARITABLE CONTRIBUTION OF CERTAIN INTERESTS IN
CIVIL WAR BATTLEFIELD SITES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 50 percent of the amount of any
qualified Civil War battlefield contribution which is made during such
taxable year.
``(b) Qualified Civil War Battlefield Contribution.--For purposes
of this section--
``(1) In general.--The term `qualified Civil War
battlefield contribution' means any qualified conservation
contribution (as defined in section 170(h)) if the real
property referred to in section 170(h)(2) is real property
within an area designated as a Civil War battlefield by the
Civil War Sites Advisory Commission.
``(2) Amount of contribution.--The amount of any qualified
Civil War battlefield contribution is the amount which would
(but for subsection (c)) be allowed as a deduction under 170
for such contribution (determined without regard to section
170(b)).
``(c) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution for which is credit is allowed
under this section.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Credit for charitable
contribution of certain
interests in Civil War
battlefield sites.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1552)
Referred to the House Committee on Ways and Means.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line