skip to main content

H.R. 5982 (111th): Small Business Tax Relief Act of 2010


The text of the bill below is as of Jul 30, 2010 (Introduced). The bill was not enacted into law.


I

111th CONGRESS

2d Session

H. R. 5982

IN THE HOUSE OF REPRESENTATIVES

July 30, 2010

(for himself, Mr. Owens, Mr. Murphy of New York, Mr. Stark, Mr. Lewis of Georgia, Mr. Blumenauer, Mr. Pascrell, Ms. Berkley, Mr. Crowley, Mr. Van Hollen, Mr. Davis of Illinois, Mr. Arcuri, Mr. Barrow, Mr. Garamendi, Ms. Giffords, Mr. Hill, Mr. Kratovil, Mr. Perriello, Mr. Kind, Mr. Israel, Ms. Chu, and Ms. Kosmas) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, 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; which was considered and failed of passage

A BILL

To amend the Internal Revenue Code of 1986 to repeal the expansion of certain information reporting requirements to corporations and to payments for property, to eliminate loopholes which encourage companies to move operations offshore, and for other purposes.

1.

Short title; amendment of 1986 Code; table of contents

(a)

Short title

This Act may be cited as the Small Business Tax Relief Act of 2010.

(b)

Amendment of 1986 Code

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

(c)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; amendment of 1986 Code; table of contents.

Title I—Repeal of certain information reporting requirements

Sec. 101. Repeal of expansion of certain information reporting requirements to corporations and to payments for property.

Title II—Revenue provisions

Subtitle A—Foreign provisions

Sec. 201. Rules to prevent splitting foreign tax credits from the income to which they relate.

Sec. 202. Denial of foreign tax credit with respect to foreign income not subject to United States taxation by reason of covered asset acquisitions.

Sec. 203. Separate application of foreign tax credit limitation, etc., to items resourced under treaties.

Sec. 204. Limitation on the amount of foreign taxes deemed paid with respect to section 956 inclusions.

Sec. 205. Special rule with respect to certain redemptions by foreign subsidiaries.

Sec. 206. Modification of affiliation rules for purposes of rules allocating interest expense.

Sec. 207. Termination of special rules for interest and dividends received from persons meeting the 80-percent foreign business requirements.

Sec. 208. Source rules for income on guarantees.

Sec. 209. Limitation on extension of statute of limitations for failure to notify Secretary of certain foreign transfers.

Subtitle B—Other revenue provisions

Sec. 211. Required minimum 10-year term, etc., for grantor retained annuity trusts.

Sec. 212. Crude tall oil ineligible for cellulosic biofuel producer credit.

Sec. 213. Increase in information return penalties.

Sec. 214. Treatment of securities of a controlled corporation exchanged for assets in certain reorganizations.

Title III—Paygo compliance

Sec. 301. Paygo compliance.

I

Repeal of certain information reporting requirements

101.

Repeal of expansion of certain information reporting requirements to corporations and to payments for property

Section 9006 of the Patient Protection and Affordable Care Act is repealed. Each provision of law amended by such section is amended to read as such provision would read if such section had never been enacted.

II

Revenue provisions

A

Foreign provisions

201.

Rules to prevent splitting foreign tax credits from the income to which they relate

(a)

In general

Subpart A of part III of subchapter N of chapter 1 is amended by adding at the end the following new section:

909.

Suspension of taxes and credits until related income taken into account

(a)

In general

If there is a foreign tax credit splitting event with respect to a foreign income tax paid or accrued by the taxpayer, such tax shall not be taken into account for purposes of this title before the taxable year in which the related income is taken into account under this chapter by the taxpayer.

(b)

Special rules with respect to section 902 corporations

If there is a foreign tax credit splitting event with respect to a foreign income tax paid or accrued by a section 902 corporation, such tax shall not be taken into account—

(1)

for purposes of section 902 or 960, or

(2)

for purposes of determining earnings and profits under section 964(a),

before the taxable year in which the related income is taken into account under this chapter by such section 902 corporation or a domestic corporation which meets the ownership requirements of subsection (a) or (b) of section 902 with respect to such section 902 corporation.
(c)

Special rules

For purposes of this section—

(1)

Application to partnerships, etc

In the case of a partnership, subsections (a) and (b) shall be applied at the partner level. Except as otherwise provided by the Secretary, a rule similar to the rule of the preceding sentence shall apply in the case of any S corporation or trust.

(2)

Treatment of foreign taxes after suspension

In the case of any foreign income tax not taken into account by reason of subsection (a) or (b), except as otherwise provided by the Secretary, such tax shall be so taken into account in the taxable year referred to in such subsection (other than for purposes of section 986(a)) as a foreign income tax paid or accrued in such taxable year.

(d)

Definitions

For purposes of this section—

(1)

Foreign tax credit splitting event

There is a foreign tax credit splitting event with respect to a foreign income tax if the related income is (or will be) taken into account under this chapter by a covered person.

(2)

Foreign income tax

The term foreign income tax means any income, war profits, or excess profits tax paid or accrued to any foreign country or to any possession of the United States.

(3)

Related income

The term related income means, with respect to any portion of any foreign income tax, the income (or, as appropriate, earnings and profits) to which such portion of foreign income tax relates.

(4)

Covered person

The term covered person means, with respect to any person who pays or accrues a foreign income tax (hereafter in this paragraph referred to as the payor)—

(A)

any entity in which the payor holds, directly or indirectly, at least a 10 percent ownership interest (determined by vote or value),

(B)

any person which holds, directly or indirectly, at least a 10 percent ownership interest (determined by vote or value) in the payor,

(C)

any person which bears a relationship to the payor described in section 267(b) or 707(b), and

(D)

any other person specified by the Secretary for purposes of this paragraph.

(5)

Section 902 corporation

The term section 902 corporation means any foreign corporation with respect to which one or more domestic corporations meets the ownership requirements of subsection (a) or (b) of section 902.

(e)

Regulations

The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance which provides—

(1)

appropriate exceptions from the provisions of this section, and

(2)

for the proper application of this section with respect to hybrid instruments.

.

(b)

Clerical amendment

The table of sections for subpart A of part III of subchapter N of chapter 1 is amended by adding at the end the following new item:

Sec. 909. Suspension of taxes and credits until related income taken into account.

.

(c)

Effective date

The amendments made by this section shall apply to—

(1)

foreign income taxes (as defined in section 909(d) of the Internal Revenue Code of 1986, as added by this section) paid or accrued after December 31, 2010; and

(2)

foreign income taxes (as so defined) paid or accrued by a section 902 corporation (as so defined) on or before such date (and not deemed paid under section 902(a) or 960 of such Code on or before such date), but only for purposes of applying sections 902 and 960 with respect to periods after such date.

Section 909(b)(2) of the Internal Revenue Code of 1986, as added by this section, shall not apply to foreign income taxes described in paragraph (2).
202.

Denial of foreign tax credit with respect to foreign income not subject to United States taxation by reason of covered asset acquisitions

(a)

In general

Section 901 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection:

(m)

Denial of foreign tax credit with respect to foreign income not subject to United States taxation by reason of covered asset acquisitions

(1)

In general

In the case of a covered asset acquisition, the disqualified portion of any foreign income tax determined with respect to the income or gain attributable to the relevant foreign assets—

(A)

shall not be taken into account in determining the credit allowed under subsection (a), and

(B)

in the case of a foreign income tax paid by a section 902 corporation (as defined in section 909(d)(5)), shall not be taken into account for purposes of section 902 or 960.

(2)

Covered asset acquisition

For purposes of this section, the term covered asset acquisition means—

(A)

a qualified stock purchase (as defined in section 338(d)(3)) to which section 338(a) applies,

(B)

any transaction which—

(i)

is treated as an acquisition of assets for purposes of this chapter, and

(ii)

is treated as the acquisition of stock of a corporation (or is disregarded) for purposes of the foreign income taxes of the relevant jurisdiction,

(C)

any acquisition of an interest in a partnership which has an election in effect under section 754, and

(D)

to the extent provided by the Secretary, any other similar transaction.

(3)

Disqualified portion

For purposes of this section—

(A)

In general

The term disqualified portion means, with respect to any covered asset acquisition, for any taxable year, the ratio (expressed as a percentage) of—

(i)

the aggregate basis differences (but not below zero) allocable to such taxable year under subparagraph (B) with respect to all relevant foreign assets, divided by

(ii)

the income on which the foreign income tax referred to in paragraph (1) is determined (or, if the taxpayer fails to substantiate such income to the satisfaction of the Secretary, such income shall be determined by dividing the amount of such foreign income tax by the highest marginal tax rate applicable to such income in the relevant jurisdiction).

(B)

Allocation of basis difference

For purposes of subparagraph (A)(i)—

(i)

In general

The basis difference with respect to any relevant foreign asset shall be allocated to taxable years using the applicable cost recovery method under this chapter.

(ii)

Special rule for disposition of assets

Except as otherwise provided by the Secretary, in the case of the disposition of any relevant foreign asset—

(I)

the basis difference allocated to the taxable year which includes the date of such disposition shall be the excess of the basis difference with respect to such asset over the aggregate basis difference with respect to such asset which has been allocated under clause (i) to all prior taxable years, and

(II)

no basis difference with respect to such asset shall be allocated under clause (i) to any taxable year thereafter.

(C)

Basis difference

(i)

In general

The term basis difference means, with respect to any relevant foreign asset, the excess of—

(I)

the adjusted basis of such asset immediately after the covered asset acquisition, over

(II)

the adjusted basis of such asset immediately before the covered asset acquisition.

(ii)

Built-in loss assets

In the case of a relevant foreign asset with respect to which the amount described in clause (i)(II) exceeds the amount described in clause (i)(I), such excess shall be taken into account under this subsection as a basis difference of a negative amount.

(iii)

Special rule for section 338 elections

In the case of a covered asset acquisition described in paragraph (2)(A), the covered asset acquisition shall be treated for purposes of this subparagraph as occurring at the close of the acquisition date (as defined in section 338(h)(2)).

(4)

Relevant foreign assets

For purposes of this section, the term relevant foreign asset means, with respect to any covered asset acquisition, any asset (including any goodwill, going concern value, or other intangible) with respect to such acquisition if income, deduction, gain, or loss attributable to such asset is taken into account in determining the foreign income tax referred to in paragraph (1).

(5)

Foreign income tax

For purposes of this section, the term foreign income tax means any income, war profits, or excess profits tax paid or accrued to any foreign country or to any possession of the United States.

(6)

Taxes allowed as a deduction, etc

Sections 275 and 78 shall not apply to any tax which is not allowable as a credit under subsection (a) by reason of this subsection.

(7)

Regulations

The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including to exempt from the application of this subsection certain covered asset acquisitions, and relevant foreign assets with respect to which the basis difference is de minimis.

.

(b)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall apply to covered asset acquisitions (as defined in section 901(m)(2) of the Internal Revenue Code of 1986, as added by this section) after December 31, 2010.

(2)

Transition rule

The amendments made by this section shall not apply to any covered asset acquisition (as so defined) with respect to which the transferor and the transferee are not related if such acquisition is—

(A)

made pursuant to a written agreement which was binding on May 20, 2010, and at all times thereafter;

(B)

described in a ruling request submitted to the Internal Revenue Service on or before such date; or

(C)

described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission.

(3)

Related persons

For purposes of this subsection, a person shall be treated as related to another person if the relationship between such persons is described in section 267 or 707(b) of the Internal Revenue Code of 1986.

203.

Separate application of foreign tax credit limitation, etc., to items resourced under treaties

(a)

In general

Subsection (d) of section 904 is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph:

(6)

Separate application to items resourced under treaties

(A)

In general

If—

(i)

without regard to any treaty obligation of the United States, any item of income would be treated as derived from sources within the United States,

(ii)

under a treaty obligation of the United States, such item would be treated as arising from sources outside the United States, and

(iii)

the taxpayer chooses the benefits of such treaty obligation,

subsections (a), (b), and (c) of this section and sections 902, 907, and 960 shall be applied separately with respect to each such item.
(B)

Coordination with other provisions

This paragraph shall not apply to any item of income to which subsection (h)(10) or section 865(h) applies.

(C)

Regulations

The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this paragraph, including regulations or other guidance which provides that related items of income may be aggregated for purposes of this paragraph.

.

(b)

Effective date

The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

204.

Limitation on the amount of foreign taxes deemed paid with respect to section 956 inclusions

(a)

In general

Section 960 is amended by adding at the end the following new subsection:

(c)

Limitation with respect to section 956 inclusions

(1)

In general

If there is included under section 951(a)(1)(B) in the gross income of a domestic corporation any amount attributable to the earnings and profits of a foreign corporation which is a member of a qualified group (as defined in section 902(b)) with respect to the domestic corporation, the amount of any foreign income taxes deemed to have been paid during the taxable year by such domestic corporation under section 902 by reason of subsection (a) with respect to such inclusion in gross income shall not exceed the amount of the foreign income taxes which would have been deemed to have been paid during the taxable year by such domestic corporation if cash in an amount equal to the amount of such inclusion in gross income were distributed as a series of distributions (determined without regard to any foreign taxes which would be imposed on an actual distribution) through the chain of ownership which begins with such foreign corporation and ends with such domestic corporation.

(2)

Authority to prevent abuse

The Secretary shall issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which prevent the inappropriate use of the foreign corporation’s foreign income taxes not deemed paid by reason of paragraph (1).

.

(b)

Effective date

The amendment made by this section shall apply to acquisitions of United States property (as defined in section 956(c) of the Internal Revenue Code of 1986) after December 31, 2010.

205.

Special rule with respect to certain redemptions by foreign subsidiaries

(a)

In general

Paragraph (5) of section 304(b) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph:

(B)

Special rule in case of foreign acquiring corporation

In the case of any acquisition to which subsection (a) applies in which the acquiring corporation is a foreign corporation, no earnings and profits shall be taken into account under paragraph (2)(A) (and subparagraph (A) shall not apply) if more than 50 percent of the dividends arising from such acquisition (determined without regard to this subparagraph) would neither—

(i)

be subject to tax under this chapter for the taxable year in which the dividends arise, nor

(ii)

be includible in the earnings and profits of a controlled foreign corporation (as defined in section 957 and without regard to section 953(c)).

.

(b)

Effective date

The amendments made by this section shall apply to acquisitions after December 31, 2010.

206.

Modification of affiliation rules for purposes of rules allocating interest expense

(a)

In general

Subparagraph (A) of section 864(e)(5) is amended by adding at the end the following:

Notwithstanding the preceding sentence, a foreign corporation shall be treated as a member of the affiliated group if—

(i)

more than 50 percent of the gross income of such foreign corporation for the taxable year is effectively connected with the conduct of a trade or business within the United States, and

(ii)

at least 80 percent of either the vote or value of all outstanding stock of such foreign corporation is owned directly or indirectly by members of the affiliated group (determined with regard to this sentence).

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

207.

Termination of special rules for interest and dividends received from persons meeting the 80-percent foreign business requirements

(a)

In general

Paragraph (1) of section 861(a) is amended by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.

(b)

Grandfather rule with respect to withholding on interest and dividends received from persons meeting the 80-Percent foreign business requirements

(1)

In general

Subparagraph (B) of section 871(i)(2) is amended to read as follows:

(B)

The active foreign business percentage of—

(i)

any dividend paid by an existing 80/20 company, and

(ii)

any interest paid by an existing 80/20 company.

.

(2)

Definitions and special rules

Section 871 is amended by redesignating subsections (l) and (m) as subsections (m) and (n), respectively, and by inserting after subsection (k) the following new subsection:

(l)

Rules relating to existing 80/20 companies

For purposes of this subsection and subsection (i)(2)(B)—

(1)

Existing 80/20 company

(A)

In general

The term existing 80/20 company means any corporation if—

(i)

such corporation met the 80-percent foreign business requirements of section 861(c)(1) (as in effect before the date of the enactment of this subsection) for such corporation’s last taxable year beginning before January 1, 2011,

(ii)

such corporation meets the 80-percent foreign business requirements of subparagraph (B) with respect to each taxable year after the taxable year referred to in clause (i), and

(iii)

there has not been an addition of a substantial line of business with respect to such corporation after the date of the enactment of this subsection.

(B)

Foreign business requirements

(i)

In general

Except as provided in clause (iv), a corporation meets the 80-percent foreign business requirements of this subparagraph if it is shown to the satisfaction of the Secretary that at least 80 percent of the gross income from all sources of such corporation for the testing period is active foreign business income.

(ii)

Active foreign business income

For purposes of clause (i), the term active foreign business income means gross income which—

(I)

is derived from sources outside the United States (as determined under this subchapter), and

(II)

is attributable to the active conduct of a trade or business in a foreign country or possession of the United States.

(iii)

Testing period

For purposes of this subsection, the term testing period means the 3-year period ending with the close of the taxable year of the corporation preceding the payment (or such part of such period as may be applicable). If the corporation has no gross income for such 3-year period (or part thereof), the testing period shall be the taxable year in which the payment is made.

(iv)

Transition rule

In the case of a taxable year for which the testing period includes 1 or more taxable years beginning before January 1, 2011—

(I)

a corporation meets the 80-percent foreign business requirements of this subparagraph if and only if the weighted average of—

(aa)

the percentage of the corporation's gross income from all sources that is active foreign business income (as defined in subparagraph (B) of section 861(c)(1) (as in effect before the date of the enactment of this subsection)) for the portion of the testing period that includes taxable years beginning before January 1, 2011, and

(bb)

the percentage of the corporation's gross income from all sources that is active foreign business income (as defined in clause (ii) of this subparagraph) for the portion of the testing period, if any, that includes taxable years beginning on or after January 1, 2011,

is at least 80 percent, and
(II)

the active foreign business percentage for such taxable year shall equal the weighted average percentage determined under subclause (I).

(2)

Active foreign business percentage

Except as provided in paragraph (1)(B)(iv), the term active foreign business percentage means, with respect to any existing 80/20 company, the percentage which—

(A)

the active foreign business income of such company for the testing period, is of

(B)

the gross income of such company for the testing period from all sources.

(3)

Aggregation rules

For purposes of applying paragraph (1) (other than subparagraphs (A)(i) and (B)(iv) thereof) and paragraph (2)—

(A)

In general

The corporation referred to in paragraph (1)(A) and all of such corporation’s subsidiaries shall be treated as one corporation.

(B)

Subsidiaries

For purposes of subparagraph (A), the term subsidiary means any corporation in which the corporation referred to in subparagraph (A) owns (directly or indirectly) stock meeting the requirements of section 1504(a)(2) (determined by substituting 50 percent for 80 percent each place it appears and without regard to section 1504(b)(3)).

(4)

Regulations

The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance which provide for the proper application of the aggregation rules described in paragraph (3).

.

(c)

Conforming amendments

(1)

Section 861 is amended by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.

(2)

Paragraph (9) of section 904(h) is amended to read as follows:

(9)

Treatment of certain domestic corporations

In the case of any dividend treated as not from sources within the United States under section 861(a)(2)(A), the corporation paying such dividend shall be treated for purposes of this subsection as a United States-owned foreign corporation.

.

(3)

Subsection (c) of section 2104 is amended in the last sentence by striking or to a debt obligation of a domestic corporation and all that follows and inserting a period.

(d)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010.

(2)

Grandfather rule for outstanding debt obligations

(A)

In general

The amendments made by this section shall not apply to payments of interest on obligations issued before the date of the enactment of this Act.

(B)

Exception for related party debt

Subparagraph (A) shall not apply to any interest which is payable to a related person (determined under rules similar to the rules of section 954(d)(3)).

(C)

Significant modifications treated as new issues

For purposes of subparagraph (A), a significant modification of the terms of any obligation (including any extension of the term of such obligation) shall be treated as a new issue.

208.

Source rules for income on guarantees

(a)

Amounts sourced within the United States

Subsection (a) of section 861 is amended by adding at the end the following new paragraph:

(9)

Guarantees

Amounts received, directly or indirectly, from—

(A)

a noncorporate resident or domestic corporation for the provision of a guarantee of any indebtedness of such resident or corporation, or

(B)

any foreign person for the provision of a guarantee of any indebtedness of such person, if such amount is connected with income which is effectively connected (or treated as effectively connected) with the conduct of a trade or business in the United States.

.

(b)

Amounts sourced without the United States

Subsection (a) of section 862 is amended by striking and at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ; and, and by adding at the end the following new paragraph:

(9)

amounts received, directly or indirectly, from a foreign person for the provision of a guarantee of indebtedness of such person other than amounts which are derived from sources within the United States as provided in section 861(a)(9).

.

(c)

Conforming amendment

Clause (ii) of section 864(c)(4)(B) is amended by striking dividends or interest and inserting dividends, interest, or amounts received for the provision of guarantees of indebtedness.

(d)

Effective date

The amendments made by this section shall apply to guarantees issued after the date of the enactment of this Act.

209.

Limitation on extension of statute of limitations for failure to notify Secretary of certain foreign transfers

(a)

In general

Paragraph (8) of section 6501(c) is amended—

(1)

by striking In the case of any information and inserting the following:

(A)

In general

In the case of any information

; and

(2)

by adding at the end the following:

(B)

Application to failures due to reasonable cause

If the failure to furnish the information referred to in subparagraph (A) is due to reasonable cause and not willful neglect, subparagraph (A) shall apply only to the item or items related to such failure.

.

(b)

Effective date

The amendments made by this section shall take effect as if included in section 513 of the Hiring Incentives to Restore Employment Act.

B

Other revenue provisions

211.

Required minimum 10-year term, etc., for grantor retained annuity trusts

(a)

In general

Subsection (b) of section 2702 is amended—

(1)

by redesignating paragraphs (1), (2) and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right;

(2)

by striking For purposes of and inserting the following:

(1)

In general

For purposes of

;

(3)

by striking paragraph (1) or (2) in paragraph (1)(C) (as so redesignated) and inserting subparagraph (A) or (B); and

(4)

by adding at the end the following new paragraph:

(2)

Additional requirements with respect to grantor retained annuities

For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if—

(A)

the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years,

(B)

such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and

(C)

the remainder interest has a value greater than zero determined as of the time of the transfer.

.

(b)

Effective date

The amendments made by this section shall apply to transfers made after the date of the enactment of this Act.

212.

Crude tall oil ineligible for cellulosic biofuel producer credit

(a)

In general

Clause (iii) of section 40(b)(6)(E) is amended—

(1)

by striking or at the end of subclause (I);

(2)

by striking the period at the end of subclause (II) and inserting , or;

(3)

by adding at the end the following new subclause:

(III)

such fuel has an acid number greater than 25.

; and

(4)

by striking unprocessed in the heading and inserting certain.

(b)

Effective date

The amendment made by this section shall apply to fuels sold or used on or after January 1, 2010.

213.

Increase in information return penalties

(a)

Failure To file correct information returns

(1)

In general

Subsections (a)(1), (b)(1)(A), and (b)(2)(A) of section 6721 are each amended by striking $50 and inserting $100.

(2)

Aggregate annual limitation

Subsections (a)(1), (d)(1)(A), and (e)(3)(A) of section 6721 are each amended by striking $250,000 and inserting $1,500,000.

(b)

Reduction where correction within 30 days

(1)

In general

Subparagraph (A) of section 6721(b)(1) is amended by striking $15 and inserting $30.

(2)

Aggregate annual limitation

Subsections (b)(1)(B) and (d)(1)(B) of section 6721 are each amended by striking $75,000 and inserting $250,000.

(c)

Reduction where correction On or before August 1

(1)

In general

Subparagraph (A) of section 6721(b)(2) is amended by striking $30 and inserting $60.

(2)

Aggregate annual limitation

Subsections (b)(2)(B) and (d)(1)(C) of section 6721 are each amended by striking $150,000 and inserting $500,000.

(d)

Aggregate annual limitations for persons with gross receipts of not more than $5,000,000

(1)

In general

Paragraph (1) of section 6721(d) is amended—

(A)

by striking $100,000 in subparagraph (A) and inserting $500,000;

(B)

by striking $25,000 in subparagraph (B) and inserting $75,000; and

(C)

by striking $50,000 in subparagraph (C) and inserting $200,000.

(2)

Technical amendment

Paragraph (1) of section 6721(d) is amended by striking such taxable year and inserting such calendar year.

(e)

Penalty in case of intentional disregard

Paragraph (2) of section 6721(e) is amended by striking $100 and inserting $250.

(f)

Adjustment for inflation

Section 6721 is amended by adding at the end the following new subsection:

(f)

Adjustment for inflation

(1)

In general

In the case of any calendar year beginning after 2014, each of the dollar amounts under subsections (a), (b), (d) (other than paragraph (2)(A) thereof), and (e) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) determined by substituting calendar year 2011 for calendar year 1992 in subparagraph (B) thereof.

(2)

Additional adjustments made only every fifth year

Notwithstanding paragraph (1), in the case of any calendar year beginning after 2015 (other than every fifth calendar after 2015), each increase determined under paragraph (1) shall not exceed the amount of such increase determined for the preceding year.

(3)

Rounding

If any amount adjusted under paragraph (1)—

(A)

is not less than $75,000 and is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500, and

(B)

is not described in subparagraph (A) and is not a multiple of $10, such amount shall be rounded to the next lowest multiple of $10.

.

(g)

Failure To furnish correct payee statements

Section 6722 is amended to read as follows:

6722.

Failure to furnish correct payee statements

(a)

Imposition of penalty

(1)

General rule

In the case of each failure described in paragraph (2) by any person with respect to a payee statement, such person shall pay a penalty of $100 for each statement with respect to which such a failure occurs, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $1,500,000.

(2)

Failures subject to penalty

For purposes of paragraph (1), the failures described in this paragraph are—

(A)

any failure to furnish a payee statement on or before the date prescribed therefor to the person to whom such statement is required to be furnished, and

(B)

any failure to include all of the information required to be shown on a payee statement or the inclusion of incorrect information.

(b)

Reduction where correction in specified period

(1)

Correction within 30 days

If any failure described in subsection (a)(2) is corrected on or before the day 30 days after the required filing date—

(A)

the penalty imposed by subsection (a) shall be $30 in lieu of $100, and

(B)

the total amount imposed on the person for all such failures during any calendar year which are so corrected shall not exceed $250,000.

(2)

Failures corrected on or before August 1

If any failure described in subsection (a)(2) is corrected after the 30th day referred to in paragraph (1) but on or before August 1 of the calendar year in which the required filing date occurs—

(A)

the penalty imposed by subsection (a) shall be $60 in lieu of $100, and

(B)

the total amount imposed on the person for all such failures during the calendar year which are so corrected shall not exceed $500,000.

(c)

Exception for de minimis failures

(1)

In general

If—

(A)

a payee statement is furnished to the person to whom such statement is required to be furnished,

(B)

there is a failure described in subsection (a)(2)(B) (determined after the application of section 6724(a)) with respect to such statement, and

(C)

such failure is corrected on or before August 1 of the calendar year in which the required filing date occurs,

for purposes of this section, such statement shall be treated as having been furnished with all of the correct required information.
(2)

Limitation

The number of payee statements to which paragraph (1) applies for any calendar year shall not exceed the greater of—

(A)

10, or

(B)

one-half of 1 percent of the total number of payee statements required to be filed by the person during the calendar year.

(d)

Lower limitations for persons with gross receipts of not more than $5,000,000

(1)

In general

If any person meets the gross receipts test of paragraph (2) with respect to any calendar year, with respect to failures during such calendar year—

(A)

subsection (a)(1) shall be applied by substituting $500,000 for $1,500,000,

(B)

subsection (b)(1)(B) shall be applied by substituting $75,000 for $250,000, and

(C)

subsection (b)(2)(B) shall be applied by substituting $200,000 for $500,000.

(2)

Gross receipts test

A person meets the gross receipts test of this paragraph if such person meets the gross receipts test of section 6721(d)(2).

(e)

Penalty in case of intentional disregard

If 1 or more failures to which subsection (a) applies are due to intentional disregard of the requirement to furnish a payee statement (or the correct information reporting requirement), then, with respect to each such failure—

(1)

subsections (b), (c), and (d) shall not apply,

(2)

the penalty imposed under subsection (a)(1) shall be $250, or, if greater—

(A)

in the case of a payee statement other than a statement required under section 6045(b), 6041A(e) (in respect of a return required under section 6041A(b)), 6050H(d), 6050J(e), 6050K(b), or 6050L(c), 10 percent of the aggregate amount of the items required to be reported correctly, or

(B)

in the case of a payee statement required under section 6045(b), 6050K(b), or 6050L(c), 5 percent of the aggregate amount of the items required to be reported correctly, and

(3)

in the case of any penalty determined under paragraph (2)—

(A)

the $1,500,000 limitation under subsection (a) shall not apply, and

(B)

such penalty shall not be taken into account in applying such limitation to penalties not determined under paragraph (2).

(f)

Adjustment for inflation

(1)

In general

In the case of any calendar year beginning after 2014, each of the dollar amounts under subsections (a), (b), (d)(1), and (e) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) determined by substituting calendar year 2011 for calendar year 1992 in subparagraph (B) thereof.

(2)

Additional adjustments made only every fifth year

Notwithstanding paragraph (1), in the case of any calendar year beginning after 2015 (other than every fifth calendar after 2015), each increase determined under paragraph (1) shall not exceed the amount of such increase determined for the preceding year.

(3)

Rounding

If any amount adjusted under paragraph (1)—

(A)

is not less than $75,000 and is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500, and

(B)

is not described in subparagraph (A) and is not a multiple of $10, such amount shall be rounded to the next lowest multiple of $10.

.

(h)

Effective date

The amendments made by this section shall apply with respect to information returns required to be filed on or after January 1, 2011.

214.

Treatment of securities of a controlled corporation exchanged for assets in certain reorganizations

(a)

In general

Section 361 is amended by adding at the end the following new subsection:

(d)

Special rules for transactions involving section 355 distributions

In the case of a reorganization described in section 368(a)(1)(D) with respect to which stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies under section 355—

(1)

this section shall be applied by substituting stock other than nonqualified preferred stock (as defined in section 351(g)(2)) for stock or securities in subsections (a) and (b)(1), and

(2)

the first sentence of subsection (b)(3) shall apply only to the extent that the sum of the money and the fair market value of the other property transferred to such creditors does not exceed the adjusted bases of such assets transferred (reduced by the amount of the liabilities assumed (within the meaning of section 357(c))).

.

(b)

Conforming amendment

Paragraph (3) of section 361(b) is amended by striking the last sentence.

(c)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall apply to exchanges after the date of the enactment of this Act.

(2)

Transition rule

The amendments made by this section shall not apply to any exchange pursuant to a transaction which is—

(A)

made pursuant to an agreement which was binding on March 15, 2010, and at all times thereafter;

(B)

described in a ruling request submitted to the Internal Revenue Service on or before such date; or

(C)

described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission.

III

Paygo compliance

301.

Paygo compliance

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.