S. 15 (111th): Global Forest Restoration Investment Tax Credit Act

111th Congress, 2009–2010. Text as of Sep 29, 2010 (Introduced).

Status & Summary | PDF | Source: GPO

II

111th CONGRESS

2d Session

S. 15

IN THE SENATE OF THE UNITED STATES

September 29, 2010

introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to provide a carbon sequestration investment tax credit, and for other purposes.

1.

Short title

This Act may be cited as the Global Forest Restoration Investment Tax Credit Act.

2.

Carbon sequestration investment tax 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:

45S.

Carbon sequestration investment credit

(a)

Allowance of credit

(1)

In general

For purposes of section 38, in the case of an eligible taxpayer’s investment in a carbon sequestration project approved by the implementing panel under section 2 of the International Carbon Conservation Act, the carbon sequestration investment credit determined under this section for the taxable year is an amount equal to—

(A)

$3.00, multiplied by

(B)

the number of tons of carbon the implementing panel determines was sequestrated in such project during the calendar year ending with or within such taxable year, multiplied by

(C)

the percentage of the total investment in such project which is represented by the investment in such project which is attributable, directly or indirectly, to the eligible taxpayer, as determined by the implementing panel.

(2)

Aggregate dollar limitation

The credit determined under paragraph (1) for any taxable year, when added to any credit allowed to the eligible taxpayer with respect to the such project in any preceding taxable year, shall not exceed 50 percent of the investment attributable to the eligible taxpayer with respect to such project through such taxable year.

(b)

Annual limitation on aggregate credit allowable

(1)

In general

The amount of the carbon sequestration investment credit determined under subsection (a) for any taxable year, when added to all such credits allowed to all eligible taxpayers with respect to the such project for such taxable year shall not exceed the credit dollar amount allocated to such project under this subsection by the implementing panel for the calendar year ending with or within such taxable year.

(2)

Time for making allocation

An allocation shall be taken into account under paragraph (1) only if it is made not later than the close of the calendar year in which the carbon sequestration project proposal with respect to such project is approved by the implementing panel under section 2 of the International Carbon Conservation Act.

(3)

Aggregate credit dollar amount

The aggregate credit dollar amount which the implementing panel may allocate for any calendar year is equal to $250,000,000.

(c)

Eligible taxpayer; implementing panel

For purposes of this section—

(1)

Eligible taxpayer

A taxpayer is eligible for the credit under this section with respect to a carbon sequestration project if such taxpayer has not elected the application of sections 3 and 4 of the International Carbon Conservation Act with respect to such project.

(2)

Implementing panel

The term implementing panel means the implementing panel established under section 2 of such Act.

(d)

Recapture of credit in certain cases

(1)

In general

If, at any time during the 30-year period of a carbon sequestration project, there is a recapture event with respect to such project, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount.

(2)

Credit recapture amount

For purposes of paragraph (1)—

(A)

In general

The credit recapture amount is an amount equal to the recapture percentage of all carbon sequestration investment credits previously allowable to an eligible taxpayer with respect to any investment in such project that is attributable to such taxpayer.

(B)

Recapture percentage

The recapture percentage shall be 100 percent if the recapture event occurs during the first 10 years of the project, 662/3 percent if the recapture event occurs during the second 10 years of the project, 331/3 percent if the recapture event occurs during the third 10 years of the project, and 0 percent if the recapture event occurs at any time after the 30th year of the project.

(3)

Recapture event

For purposes of paragraph (1), there is a recapture event with respect to a carbon sequestration project if—

(A)

the eligible taxpayer violates a term or condition of the approval of the project by the implementing panel at any time,

(B)

the eligible taxpayer adopts a practice which the implementing panel has specified in its approval of the project as a practice which would tend to defeat the purposes of the carbon sequestration program, or

(C)

the eligible taxpayer disposes of any ownership interest arising out of its investment that the implementing panel has determined is attributable to the project, unless the implementing panel determines that such disposition will not have any adverse effect on the carbon sequestration project.

If an event which otherwise would be a recapture event is outside the control of the eligible taxpayer, as determined by the implementing panel, such event shall not be treated as a recapture event with respect to such taxpayer.
(4)

Special rules

(A)

Tax benefit rule

The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted.

(B)

No credits against tax

Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.

(e)

Disallowance of double benefit

(1)

Basis reduction

The basis of any investment in a carbon sequestration project shall be reduced by the amount of any credit determined under this section with respect to such investment.

(2)

Charitable deduction disallowed

No deduction shall be allowed to an eligible taxpayer under section 170 with respect to any contribution which the implementing panel certifies pursuant to section 2 of the International Carbon Conservation Act to the Secretary constitutes an investment in a carbon sequestration project that is attributable to such taxpayer.

(f)

Certification to Secretary

The implementing panel shall certify to the Secretary before January 31 of each year with respect to each eligible taxpayer which has made an investment in a carbon sequestration project—

(1)

the amount of the carbon sequestration investment credit allowable to such taxpayer for the preceding calendar year,

(2)

whether a recapture event occurred with respect to such taxpayer during the preceding calendar year, and

(3)

the credit recapture amount, if any, with respect to such taxpayer for the preceding calendar year.

(g)

Regulations

The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations—

(1)

which limit the credit for investments which are directly or indirectly subsidized by other Federal benefits,

(2)

which prevent the abuse of the provisions of this section through the use of related parties, and

(3)

which impose appropriate reporting requirements.

.

(b)

Credit made part of general business credit

Subsection (b) of section 38 of the Internal Revenue Code of 1986 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 carbon sequestration investment credit determined under section 45S(a).

.

(c)

Deduction for unused credit

Subsection (c) of section 196 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , and, and by adding at the end the following new paragraph:

(15)

the carbon sequestration investment credit determined under section 45S(a).

.

(d)

Clerical amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Sec. 45S. Carbon sequestration investment credit

.

(e)

Effective date

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

3.

Allowance of deduction for dividends received from controlled foreign corporations for additional year

(a)

In general

Section 965 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(g)

Allowance for deduction for an additional year

(1)

In general

In the case of an election under this subsection, subsection (f)(1) shall be applied by substituting January 1, 2011, for the date of the enactment of this section.

(2)

Special rules

For purposes of paragraph (1)—

(A)

Extraordinary dividends

Subsection (b)(2) shall be applied by substituting June 30, 2010 for June 30, 2003.

(B)

Determinations relating to related party indebtedness

Subsection (b)(3)(B) shall be applied by substituting October 3, 2011 for October 3, 2004.

(C)

Applicable financial statement

Subsection (c)(1) shall be applied by substituting June 30, 2010 for June 30, 2003 each place it occurs.

(D)

Determinations relating to base period

Subsection (c)(2) shall be applied by substituting June 30, 2010 for June 30, 2003.

.

(b)

Effective date

The amendment made by subsection (a) shall apply to taxable years ending on or after January 1, 2011.