Tax Relief for Business Growth and Sustainability Act of 2009 - Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001 (i.e., December 31, 2010) inapplicable to its estate and gift tax provisions, except for the repeal of the carryover basis.
Amends the Internal Revenue Code to: (1) allow a permanent increase (to $5 million) in the estate tax exclusion and a reduction in the maximum estate tax rate to 35%; (2) increase to $5 million the estate tax deduction for interests in family-owned businesses; (3) allow an estate tax deduction, up to $2 million, of the value of the principal residence of a decedent; (4) increase from 50 to 100% the exclusion from gross income of gain from the sale or exchange of qualified small business stock held for more than 5 years; (5) eliminate gain from the sale of qualified small business stock in calculating the alternative minimum tax (AMT); and (6) repeal the requirement that federal, state, and local governmental entities withhold 3% of payments due to vendors providing goods and services to such entities.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4174 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4174
To amend the Internal Revenue Code of 1986 to provide relief with
respect to estate and gift taxes, small businesses, and government
contractors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2009
Mr. Nye 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 relief with
respect to estate and gift taxes, small businesses, and government
contractors.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tax Relief for
Business Growth and Sustainability Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ESTATE AND GIFT TAX REFORM
Sec. 101. Repeal of carryover basis; increased exclusion amount;
maximum 35 percent rate.
Sec. 102. Increase in deduction for family-owned businesses.
Sec. 103. Exclusion from gross estate of value of principal residence.
TITLE II--TREATMENT OF SMALL BUSINESS STOCK
Sec. 201. Full exclusion from gross income of gain from qualified small
business stock.
Sec. 202. Repeal of alternative minimum tax treatment of qualified
small business stock gain as item of tax
preference.
TITLE III--RELIEF FOR GOVERNMENT CONTRACTORS
Sec. 301. Repeal of withholding tax on government contractors.
TITLE I--ESTATE AND GIFT TAX REFORM
SEC. 101. REPEAL OF CARRYOVER BASIS; INCREASED EXCLUSION AMOUNT;
MAXIMUM 35 PERCENT RATE.
(a) EGTRRA Sunset Not To Apply.--Section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 shall not apply to title V of
such Act (other than subtitles A and E, and sections 511(d) and
521(b)(2), thereof).
(b) $5,000,000 Applicable Exclusion Amount.--Subsection (c) of
section 2010 of the Internal Revenue Code of 1986 is amended by
striking all that follows ``the applicable exclusion amount'' and
inserting ``. For purposes of the preceding sentence, the applicable
exclusion amount is $5,000,000.''.
(c) Maximum Estate and Gift Tax Rate 35 Percent.--Paragraph (1) of
section 2001(c) of such Code is amended by striking the last 7 items in
the table and inserting the following new item:
``Over $500,000.............................. $155,800, plus 35 percent of the excess of such amount over
$500,000.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.
SEC. 102. INCREASE IN DEDUCTION FOR FAMILY-OWNED BUSINESSES.
(a) In General.--
(1) Increase.--Paragraph (2) of section 2057(a) of the
Internal Revenue Code of 1986 is amended by striking
``$675,000'' and inserting ``$5,000,000''.
(2) Allowed in addition to applicable credit amount.--
Subsection (a) of section 2057 of such Code is amended by
striking paragraph (3).
(b) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.
SEC. 103. EXCLUSION FROM GROSS ESTATE OF VALUE OF PRINCIPAL RESIDENCE.
(a) In General.--Subchapter A of chapter 11 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 2059. PRINCIPAL RESIDENCE.
``(a) In General.--For purposes of the tax imposed by section 2001,
in the case of a decedent who was (at the date of the decedent's death)
a citizen or resident of the United States, the value of the taxable
estate shall be determined by deducting from the value of the gross
estate the adjusted value of any residence if--
``(1) such residence is included in determining the value
of the gross estate,
``(2) such residence is located in the United States, and
``(3) during the 8-year period ending on the date of the
decedent's death, there have been periods aggregating 5 years
during which such residence was owned by the decedent or a
member of the decedent's family and used by the decedent or
such a member as their principal residence (within the meaning
of section 121).
``(b) Limitation.--The deduction allowed by this section shall not
exceed $2,000,000.
``(c) Adjusted Value.--For purposes of this section, the adjusted
value of property is the value of such property for purposes of this
chapter, reduced by amounts allowable as a deduction in respect to such
property under paragraph (4) of section 2053(a).''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 11 of such Code is amended by adding at the end the following
new item:
``Sec. 2059. Principal residence.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.
TITLE II--TREATMENT OF SMALL BUSINESS STOCK
SEC. 201. FULL EXCLUSION FROM GROSS INCOME OF GAIN FROM QUALIFIED SMALL
BUSINESS STOCK.
(a) In General.--Paragraph (1) of section 1202(a) of the Internal
Revenue Code of 1986 is amended by striking ``50 percent of''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2008.
SEC. 202. REPEAL OF ALTERNATIVE MINIMUM TAX TREATMENT OF QUALIFIED
SMALL BUSINESS STOCK GAIN AS ITEM OF TAX PREFERENCE.
(a) In General.--Subsection (a) of section 57 of the Internal
Revenue Code of 1986 is amended by striking paragraph (7).
(b) Conforming Amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)''
and inserting ``and (5)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
TITLE III--RELIEF FOR GOVERNMENT CONTRACTORS
SEC. 301. REPEAL OF WITHHOLDING TAX ON GOVERNMENT CONTRACTORS.
Section 3402 of the Internal Revenue Code of 1986 is amended by
striking subsection (t).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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