Veterans Entrepreneurs Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit of up to $400,000 for 25% of the franchise fees paid or incurred by a veteran for the purchase of a franchise. Reduces the amount of such credit if the veteran does not own 100% of the stock or capital or profits interest of the franchisee.
Directs the Administrator of the Small Business Administration (SBA) and the Secretary of Veterans Affairs (VA) to provide information about the tax credit allowed by this Act to veterans service organizations and veteran advocacy groups.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3725 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3725
To amend the Internal Revenue Code of 1986 to allow credits for the
establishment of franchises with veterans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2013
Mr. Flores (for himself, Mr. Takano, Mr. Cook, Mr. Runyan, Mr.
Schneider, Ms. Titus, Mr. Coffman, and Mr. Hanna) 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 allow credits for the
establishment of franchises with veterans.
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 ``Veterans Entrepreneurs Act of
2013''.
SEC. 2. VETERANS FRANCHISING CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45S. VETERANS FRANCHISING.
``(a) Veterans Franchise Fee Credit.--
``(1) In general.--For purposes of section 38 and subject
to the limitation set forth in paragraph (2), the veterans
franchise fee credit determined under this section for the
taxable year is an amount equal to 25 percent of the qualified
franchise fee paid or incurred by a qualified veteran in
connection with the purchase of a franchise.
``(2) Limitation.--The amount of qualified franchise fee
taken into account under paragraph (1) shall not exceed
$400,000.
``(b) Reduction Where Franchise Not 100 Percent Veteran-Owned.--In
the case of any franchise in which veterans do not own 100 percent of
the stock or the capital or profits interests of the franchisee, the
credit under subsection (a) shall be the amount which bears the same
ration to the amount determined under subsection (a) (without regard to
this subsection) as--
``(1) the stock or capital or profits interests of the
franchise held by veterans, bears to
``(2) the total stock or capital or profits interests of
the franchisee.
For purposes of this subsection, the spouse of a veteran shall be
treated as a veteran.
``(c) Qualified Franchise Fee.--For purposes of this section, the
term `qualified franchise fee' means any one-time fee required by the
franchisor when entering into a franchise agreement with a veteran as
the franchisee.
``(d) Other Definitions.--For purposes of this section, the terms
`franchise', `franchisee', `franchisor', and `franchise fee' have the
meanings given such terms in part 436 of title 16, Code of Federal
Regulations.
``(e) Veteran.--The term `veteran' has the meaning given such term
by section 101 of title 38, United States Code.
``(f) Election.--This section shall not apply to a taxpayer for any
taxable year if such taxpayer elects to have this section not apply for
such taxable year.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (35),
by striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the veterans franchise fee credit determined under
section 45S(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Veterans franchising.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 3. PUBLICATION OF INFORMATION BY DEPARTMENT OF VETERANS AFFAIRS
AND SMALL BUSINESS ADMINISTRATION.
The Administrator of the Small Business Administration and the
Secretary of Veterans Affairs shall publicize in mailings and brochures
sent to veterans service organizations and veteran advocacy groups
information regarding discounted franchise fees under section 45S of
the Internal Revenue Code of 1986 and other information about the
program established under amendments made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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