Steel Industry Preservation Act
This bill extends and modifies the production tax credit for steel industry fuel. (Under current law, steel industry fuel is a fuel that is (1) produced through a process of liquefying coal waste sludge and distributing it on coal, and (2) used as a feedstock for the manufacture of coke.)
Specifically, the bill modifies the tax credit to (1) extend the credit period and the placed-in-service date for steel industry fuel producing facilities, (2) revise the definition of steel industry fuel to allow blends of coal and petroleum coke or other coke feedstock in the fuel, and (3) specify requirements for treating an owner as producing and selling steel industry fuel.
The bill also allows a taxpayer that produces steel industry fuel to elect to accept an increased tax credit in lieu of certain deductions for expenses in connection with the production of steel industry fuel.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4758 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4758
To amend the Internal Revenue Code of 1986 to extend and modify the
section 45 credit for refined coal from steel industry fuel, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2021
Mr. Michael F. Doyle of Pennsylvania (for himself, Mr. Huizenga, Mr.
Lamb, and Mr. Kelly of Pennsylvania) 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 extend and modify the
section 45 credit for refined coal from steel industry fuel, and for
other 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 ``Steel Industry Preservation Act''.
SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR STEEL INDUSTRY FUEL.
(a) Credit Period.--
(1) In general.--Section 45(e)(8)(D)(ii)(II) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(II) Credit period.--In lieu of
the 10-year period referred to in
clauses (i) and (ii)(II) of
subparagraph (A), the credit period
shall be the period beginning on the
first date that the facility first
produces steel industry fuel that is
sold to an unrelated person after the
date of the enactment of the Steel
Industry Preservation Act, and ending
10 years after such first date.''.
(2) Conforming amendment.--Section 45(e)(8)(D) of such Code
is amended by striking clause (iii) and by redesignating clause
(iv) as clause (iii).
(b) Extension of Placed-in-Service Date.--Section 45(d)(8)(A) of
such Code is amended--
(1) by striking ``(or any modification to a facility)'';
(2) by striking ``placed in service before'' and inserting
``placed in service--
``(i) before'';
(3) by striking ``and'' at the end and inserting ``or'';
and
(4) by adding at the end the following new clause:
``(ii) after the date of the enactment of
this clause and before the date that is 18
months after such date, and''.
(c) Clarifications.--
(1) Steel industry fuel.--Section 45(c)(7)(C)(i)(I) of such
Code is amended by inserting ``, or a blend of coal and
petroleum coke, or other coke feedstock'' after ``on coal''.
(2) Ownership interest.--Section 45(d)(8) of such Code is
amended by adding at the end the following new flush sentence:
``With respect to a facility producing steel industry fuel, no
person (including a ground lessor, customer, supplier, or
technology licensor) shall be treated as having an ownership
interest in the facility or as otherwise entitled to the credit
allowable under this section with respect to such facility
solely because such person's rent, license fee, or other
entitlement to net payments from the owner of such facility is
measured by a fixed dollar amount or a fixed amount per ton, or
otherwise determined without regard to the profit or loss of
such facility.''.
(3) Production and sale.--Section 45(e)(8)(D) of such Code,
as amended by subsection (a)(2), is amended by redesignating
clause (iii) as clause (iv) and by inserting after clause (ii)
the following new clause:
``(iii) Production and sale.--The owner of
a facility producing steel industry fuel shall
be treated as producing and selling steel
industry fuel where that owner manufactures
such steel industry fuel from coal, a blend of
coal and petroleum coke, or other coke
feedstock to which it has title. The sale of
such steel industry fuel by the owner of the
facility to a person who is not the owner of
the facility shall not fail to qualify as a
sale to an unrelated person solely because such
purchaser may also be a ground lessor,
supplier, or customer.''.
(d) Election To Increase Credit in Lieu of Steel Industry Fuel
Deductions.--Section 45(e)(8) of such Code is amended by adding at the
end the following new subparagraph:
``(E) Election for increased credit in lieu of
deductions for steel industry fuel.--In the case of a
taxpayer who produces steel industry fuel--
``(i) In general.--At the election of the
taxpayer--
``(I) no deduction shall be allowed
with respect to expenses made in
connection with the production and sale
of steel industry fuel for such taxable
year which are otherwise deductible
under this chapter (determined without
regard to this subparagraph),
``(II) no expense made in
connection with the production of and
sale of steel industry fuel which is
otherwise chargeable to capital account
in such taxable year shall be so
charged, and
``(III) the credit determined under
this section (without regard to this
subparagraph) for such taxable year
shall be increased by an amount equal
to the product of the sum of the
amounts to which subclauses (I) and
(II) apply and the maximum rate of tax
applicable under section 1 or 11(b), as
applicable to the taxpayer in such
taxable year.
``(ii) Application to partnerships and s
corporations.--In the case of a partnership or
S corporation, the election shall be made at
the partnership or S corporation level.
``(iii) Election.--An election under this
subparagraph for any taxable year shall be made
not later than the time for filing the return
of tax for such year (including extensions), in
such manner as the Secretary may prescribe.
Such an election, once made, shall be
irrevocable.''.
(e) Specified Credit for Purposes of Alternative Minimum Tax
Exclusion.--Section 38(c)(4)(B)(iv)(II) of such Code is amended by
inserting ``(in the case of a refined coal production facility
producing steel industry fuel, during the credit period set forth in
section 45(e)(8)(D)(ii)(II))'' after ``service''.
(f) Application of Certain Rules to Steel Industry Fuel.--
(1) Activity not engaged in for profit.--Section 183 of
such Code is amended by adding at the end the following new
subsection:
``(f) Exception.--This section shall not apply to any deduction
with respect to the production of steel industry fuel (as defined in
section 45(c)(7)(C)).''.
(2) Application of economic substance doctrine.--
(A) In general.--Section 7701(o) of such Code is
amended by adding at the end the following new
paragraph:
``(6) Non-application to steel industry fuel.--The economic
substance doctrine shall not apply to any transaction to the
extent such transaction relates to steel industry fuel (as
defined in section 45(c)(7)(C)).''.
(B) Conforming amendment.--Section 7701(o)(5)(C) of
such Code is amended by striking ``The determination''
and inserting ``Except as provided in paragraph (6),
the determination''.
(g) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuel produced
and sold after the date of the enactment of this Act, in
taxable years ending after such date.
(2) Application of economic substance rules.--The
amendments made by subsection (f)(2) shall apply to
transactions entered into 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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