Detroit Economic Competitiveness Act - Amends the Internal Revenue Code to establish the Detroit Jobs Trust Fund to finance economic development in Detroit, Michigan. Requires the Secretary of the Treasury to make annual distributions from such Fund to the city of Detroit for payment of debt obligations and for job development, public safety, education, and business and public infrastructure. Prohibits any distributions unless the city of Detroit: (1) does not impose an income tax during a period of distribution, (2) has made specified reductions in aggregate property taxes, (3) has used prior distributions as required under this Act, (4) has provided required information to the Comptroller General (GAO), and (5) has implemented a five-year plan describing development goals for Detroit and detailing how distributions from the Trust Fund will be spent. Terminates such Fund five years after enactment of this Act.
Requires GAO to submit annual reports to Congress describing the use of distributions from the Trust Fund, the extent to which progress has been made in meeting the plan's development goals, and Comptroller General recommendations for improving the program established under this Act.
Excludes from gross income capital gain from the sale or exchange of investment property used in trade or business in Detroit.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6500 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6500
To establish the Detroit Jobs Trust Fund and to temporarily provide a
zero percent capital gains rate for certain new investments in Detroit,
Michigan.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2012
Mr. Clarke of Michigan (for himself, Mr. Clay, and Ms. Norton)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on Oversight and
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Detroit Jobs Trust Fund and to temporarily provide a
zero percent capital gains rate for certain new investments in Detroit,
Michigan.
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 ``Detroit Economic Competitiveness
Act''.
SEC. 2. DETROIT JOBS TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. DETROIT JOBS TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Detroit Jobs
Trust Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Detroit Jobs Trust Fund amounts equivalent to receipts in the
Treasury of taxes (including all income, excise, and employment taxes
whether imposed with respect to individuals or businesses) imposed
under this title (with respect to periods after the date of the
enactment of this section) which are (as determined by the Secretary)
attributable to Detroit, Michigan. The city of Detroit, Michigan, shall
provide the Secretary such information as the Secretary may request for
purposes of making the determinations required under this subsection.
For purposes of this subsection, the taxes imposed on a corporation or
other business entity shall not be treated as attributable to Detroit,
Michigan, merely because the headquarters of such corporation or entity
is located in Detroit, Michigan.
``(c) Expenditures.--
``(1) In general.--Except as otherwise provided in this
subsection, amounts in the Detroit Jobs Trust Fund shall
(without need of any further appropriation) be distributed
annually by the Secretary to the city of Detroit, Michigan, to
carry out the purposes described in paragraph (2).
``(2) Use of expenditures.--Amounts distributed to the city
of Detroit, Michigan, under this section shall be used for the
following purposes and in the following order of priority:
``(A) First, of the amounts distributed with
respect the annual period not in excess of the Detroit
income tax suspension hold harmless amount, for any
purpose determined by the city government of Detroit,
Michigan.
``(B) Second, for payment of principal and interest
on any general obligation issued by the city of
Detroit, Michigan (to the extent of such obligations).
``(C) Third, for payment of principal and interest
on obligations to which section 103 applies and the
proceeds of which were used for the public schools of
the city of Detroit, Michigan (to the extent of such
obligations).
``(D) Fourth, for jobs development, public safety,
education, business infrastructure, or public
infrastructure (to the extent consistent with the plan
described in paragraph (4)).
``(3) Restriction on distributions.--No distribution shall
be made by the Secretary under paragraph (1) unless--
``(A) the city of Detroit, Michigan, does not
impose an income tax with respect to the period to
which such distribution relates,
``(B) such city has reduced the aggregate property
taxes imposed by an amount not less than the reduction
in the payment obligations of such city by reason of
the payments described in paragraph (2),
``(C) all prior distributions made to the city
under paragraph (2) were used by the city in a manner
consistent with the requirements of paragraph (2), and
``(D) such city has provided such information to
the Comptroller General of the United States as the
Comptroller General may request to carry out section
2(b) of the Detroit Economic Competitiveness Act.
``(4) 5-year development plan.--A plan is described in this
paragraph if such plan--
``(A) is a 5-year plan describing development goals
for Detroit, Michigan, and detailing how distributions
for purposes described in paragraph (2)(D) will be
spent,
``(B) has been approved by simple majority vote of
the City Council of Detroit, Michigan (after
consultation with the Detroit Board of Education), and
``(C) has been submitted to, and approved by, the
Secretary of the Treasury, the Secretary of Housing and
Urban Development, and the Secretary of Education.
No distribution shall be made under paragraph (1) for a purpose
described in paragraph (2)(D) unless a plan described in this
paragraph is in effect and all prior such distributions for
such purposes were used in accordance with such plan.
``(5) Special rules during period of plan development.--
During the period during which the plan described in paragraph
(4) is developed (but not in excess of the 5-month period
beginning on the date of the first distribution under paragraph
(1)), amounts distributed may be used concurrently for the
purposes described in subparagraphs (A), (B), and (C) of
paragraph (2).
``(6) Detroit income tax suspension hold harmless amount.--
``(A) In general.--For purposes of paragraph
(2)(A), the term `Detroit income tax suspension hold
harmless amount' means the amount (as determined by the
Secretary) of revenue collected by the city of Detroit
pursuant to the income tax imposed by such city during
the calendar year preceding the calendar year which
includes the date of the enactment of this section.
``(B) Cross reference.--For provision which
requires suspension of the Detroit income tax, see
paragraph (3)(A).
``(C) Tax returns may still be required.--The city
of Detroit, Michigan, shall not be treated as failing
to satisfy the requirement of paragraph (3)(A) with
respect to any period merely because taxpayers are
required to file tax returns and report income with
respect to such period.
``(7) Amounts made available not to reduce other funding.--
Amounts distributed to the city of Detroit, Michigan, under
this section shall supplement, and not supplant, any other
funding (including any Federal funding) for such city.
``(d) Termination.--No amount shall be distributed from, or
appropriated to, the Detroit Jobs Trust Fund after the 5-year period
beginning on the date of the enactment of this section. Any amounts
remaining in such Trust Fund at the end of such period shall be
transferred to the general fund of the Treasury. The 5-year period
specified in this subsection shall not be renewed or extended.''.
(b) GAO Reports.--The Comptroller General of the United States
shall submit an annual report to Congress which--
(1) describes the manner and purposes for which
distributions made from the Detroit Jobs Trust Fund have been
used,
(2) describes the extent to which progress has been made
toward meeting the development goals under the plan described
in section 9512(c)(4) of the Internal Revenue Code of 1986 (as
added by this section) and whether such progress is consistent
with meeting such goals, and
(3) includes any recommendations the Comptroller General
may have regarding improvements to the program described in
section 9512 of such Code.
The first such annual report shall be submitted not later than 90 days
after the 1-year period beginning on the date of the enactment of this
Act and the last such annual report shall be submitted not later than
90 days after the date on which the Detroit Jobs Trust Fund terminates
pursuant to section 9512(d) of such Code.
(c) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 9512. Detroit Jobs Trust Fund.''.
SEC. 3. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN DETROIT,
MICHIGAN.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IV--CERTAIN NEW INVESTMENTS IN DETROIT, MICHIGAN
``Sec. 1400V. Zero capital gains rate for certain new investments in
Detroit, Michigan.
``SEC. 1400V. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN
DETROIT, MICHIGAN.
``(a) In General.--Gross income does not include any qualified
capital gain from the sale or exchange of a specified new investment
held for more than 1 year.
``(b) Specified New Investment.--For purposes of this section--
``(1) In general.--The term `specified new investment'
means--
``(A) any qualified stock,
``(B) any qualified partnership interest, and
``(C) any qualified business property.
``(2) Qualified stock.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified stock' means any
stock in a domestic corporation if--
``(i) such stock is acquired by the
taxpayer during the 1-year period beginning on
the date of the enactment of this section, at
its original issue (directly or through an
underwriter) from the corporation solely in
exchange for cash,
``(ii) as of the time such stock was
issued, such corporation was a specified
Detroit business (or, in the case of a new
corporation, such corporation was being
organized for purposes of being a specified
Detroit business), and
``(iii) during substantially all of the
taxpayer's holding period for such stock, such
corporation qualified as a specified Detroit
business.
``(B) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
``(3) Qualified partnership interest.--The term `qualified
partnership interest' means any capital or profits interest in
a domestic partnership if--
``(A) such interest is acquired by the taxpayer
during the 1-year period beginning on the date of the
enactment of this section, from the partnership solely
in exchange for cash,
``(B) as of the time such interest was acquired,
such partnership was a specified Detroit business (or,
in the case of a new partnership, such partnership was
being organized for purposes of being a specified
Detroit business), and
``(C) during substantially all of the taxpayer's
holding period for such interest, such partnership
qualified as a specified Detroit business.
A rule similar to the rule of paragraph (2)(B) shall apply for
purposes of this paragraph.
``(4) Qualified business property.--
``(A) In general.--The term `qualified business
property' means tangible property if--
``(i) such property was acquired by the
taxpayer by purchase (as defined in section
179(d)(2)) during the 1-year period beginning
on the date of the enactment of this section,
``(ii) the original use of such property in
Detroit, Michigan, commences with the taxpayer,
and
``(iii) during substantially all of the
taxpayer's holding period for such property,
substantially all of the use of such property
was in a specified Detroit business of the
taxpayer.
``(B) Special rule for substantial improvements.--
The requirements of clauses (i) and (ii) of
subparagraph (A) shall be treated as satisfied with
respect to--
``(i) property which is substantially
improved by the taxpayer before the end of the
period described in subparagraph (A)(i), and
``(ii) any land on which such property is
located.
The determination of whether a property is
substantially improved shall be made under clause (ii)
of section 1400B(b)(4)(B), except that `the date of the
enactment of section 1400V' shall be substituted for
`December 31, 1997' in such clause.
``(c) Qualified Capital Gain.--For purposes of this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified capital gain' means any gain
recognized on the sale or exchange of--
``(A) a capital asset, or
``(B) property used in the trade or business (as
defined in section 1231(b)).
``(2) Gain before enactment not qualified.--The term
`qualified capital gain' shall not include any gain
attributable to periods before the date of the enactment of
this section.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3), (4), and (5) of section 1400B(e) shall apply
for purposes of this subsection.
``(d) Specified Detroit Business.--For purposes of this section,
the term `specified Detroit business' means any enterprise zone
business (as defined in section 1397C), determined--
``(1) without regard to subsections (b)(6) and (c)(5)
thereof,
``(2) by substituting `80 percent' for `50 percent' in
subsections (b)(2) and (c)(1) thereof,
``(3) by treating Detroit, Michigan, as an empowerment zone
(and by treating no area other than Detroit, Michigan, as an
empowerment zone).
``(e) Certain Rules To Apply.--For purposes of this section, rules
similar to the rules of paragraphs (6) and (7) of subsection (b), and
subsections (f) and (g), of section 1400B shall apply; except that for
such purposes section 1400B(g)(2) shall be applied by substituting
`before the date of the enactment of section 1400V' for `before January
1, 1998, or after December 31, 2014'.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the abuse of the purposes of this
section.''.
(b) Clerical Amendment.--The table of parts for subchapter Y of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IV. Certain New Investments in Detroit, Michigan''.
(c) Effective Date.--The amendments made by this section shall
apply to property acquired after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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