Amends the Internal Revenue Code to allow individual taxpayers a tax credit for 20% of their qualified small business investments. Defines "qualified small business investment" as any stock in a domestic corporation acquired at its original issue or any capital or profits interest in a domestic partnership if: (1) such stock or interest was acquired solely in exchange for cash; and either (2) such corporation or partnership has been in existence less than 2 years as of the date of such acquisition or such corporation or partnership had at least a 10% growth rate for each of the 2 years preceding such acquisition.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5691 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5691
To amend the Internal Revenue Code of 1986 to provide a credit for
investment in new or expanding small businesses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Mr. Hoekstra 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 a credit for
investment in new or expanding small businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CREDIT FOR QUALIFIED SMALL BUSINESS INVESTMENTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. QUALIFIED SMALL BUSINESS INVESTMENTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to 20 percent of the amount paid or incurred for qualified small
business investments during the taxable year.
``(b) Qualified Small Business Investment.--For purposes of this
section--
``(1) In general.--The term `qualified small business
investment' means any stock in a domestic corporation acquired
by the taxpayer at its original issue (directly or through an
underwriter) or any capital or profits interest in a domestic
partnership acquired by the taxpayer from the partnership if--
``(A) such stock or interest was is acquired solely
in exchange for cash,
``(B) either--
``(i) such corporation or partnership
(including any predecessor thereof) has been in
existence of less than 2 years as of such
acquisition, or
``(ii) such corporation or partnership had
at least a 10 percent growth rate for each of 2
taxable years of the corporation or partnership
preceding the taxable year in which acquisition
occurs, and
``(C) the corporation or partnership satisfies the
requirements of subparagraphs (A) and (B) of section
1202(d)(1) with respect to such issuance (determined by
substituting `corporation or partnership' for
`corporation' therein).
``(2) Growth rate.--For purposes of paragraph (1)(B)(ii),
the growth rate of any corporation or partnership for any
taxable year is the ratio (expressed as a percentage) of--
``(A) the excess of--
``(i) the gross receipts of such
corporation or partnership for such taxable
year, over
``(ii) the gross receipts of such
corporation or partnership for the preceding
taxable year, divided by
``(B) the amount described in subparagraph (A)(ii).
``(c) Recapture of Credit in Case of Failure To Satisfy Holding
Period Requirement.--In the case of the disposition of any qualified
small business investment during the 7-year period beginning on the
date that such investment is acquired by the taxpayer, the tax imposed
under this subtitle with respect to the taxpayer for the taxable year
in which such disposition occurs shall be increased by the amount of
the credit allowed under this section with respect to such investment
plus interest determined at the underpayment rate.''.
(b) Clerical Amendment.--The table of sections of such subpart is
amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Qualified small business investments.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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