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H.R. 3313 (112th): Wall Street Trading and Speculators Tax Act

The text of the bill below is as of Nov 2, 2011 (Introduced).


I

112th CONGRESS

1st Session

H. R. 3313

IN THE HOUSE OF REPRESENTATIVES

November 2, 2011

(for himself, Mr. Braley of Iowa, Mr. Johnson of Georgia, Mr. Sarbanes, Mr. Filner, Ms. Sutton, Mr. Blumenauer, Ms. Slaughter, Ms. Hirono, Mr. Welch, Mr. Conyers, Ms. Edwards, and Mr. Hinchey) 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 impose a tax on certain trading transactions.

1.

Short title

This Act may be cited as the Wall Street Trading and Speculators Tax Act.

2.

Transaction tax

(a)

In general

Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter:

C

Tax on Trading Transactions

Sec. 4475. Tax on trading transactions.

4475.

Tax on trading transactions

(a)

Imposition of tax

There is hereby imposed a tax on each covered transaction with respect to any security.

(b)

Rate of tax

The tax imposed under subsection (a) with respect to any covered transaction shall be 0.03 percent of the specified base amount with respect to such covered transaction.

(c)

Specified base amount

For purposes of this section, the term specified base amount means—

(1)

except as provided in paragraph (2), the fair market value of the security (determined as of the time of the covered transaction), and

(2)

in the case of any payment described in subsection (h), the amount of such payment.

(d)

Covered transaction

For purposes of this section, the term covered transaction means—

(1)

except as provided in paragraph (2), any purchase if—

(A)

such purchase occurs or is cleared on a facility located in the United States, or

(B)

the purchaser or seller is a United States person, and

(2)

any transaction with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1), if—

(A)

such security is traded or cleared on a facility located in the United States, or

(B)

any party with rights under such security is a United States person.

(e)

Security and other definitions

For purposes of this section—

(1)

In general

The term security means—

(A)

any share of stock in a corporation,

(B)

any partnership or beneficial ownership interest in a partnership or trust,

(C)

any note, bond, debenture, or other evidence of indebtedness,

(D)

any evidence of an interest in, or a derivative financial instrument with respect to, any security or securities described in subparagraph (A), (B), or (C),

(E)

any derivative financial instrument with respect to any currency or commodity, and

(F)

any other derivative financial instrument any payment with respect to which is calculated by reference to any specified index.

(2)

Derivative financial instrument

The term derivative financial instrument includes any option, forward contract, futures contract, notional principal contract, or any similar financial instrument.

(3)

Specified index

The term specified index means any 1 or more of any combination of—

(A)

a fixed rate, price, or amount, or

(B)

a variable rate, price, or amount,  

which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties’ circumstances.
(4)

Treatment of exchanges

(A)

In general

An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange.

(B)

Certain deemed exchanges

In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section.

(f)

Exceptions

(1)

Exception for initial issues

No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1).

(2)

Exception for certain traded short-term indebtedness

A note, bond, debenture, or other evidence of indebtedness which—

(A)

is traded on a trading facility located in the United States, and

(B)

has a fixed maturity of not more than 100 days,

shall not be treated as described in subsection (e)(1)(C).
(3)

Exception for securities lending arrangements

No tax shall be imposed under subsection (a) on any covered transaction with respect to which gain or loss is not recognized by reason of section 1058.

(g)

By whom paid

(1)

In general

The tax imposed by this section shall be paid by—

(A)

in the case of a transaction which occurs or is cleared on a facility located in the United States, such facility, and

(B)

in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker.

(2)

Special rules for direct, etc., transactions

In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by—

(A)

in the case of a transaction described in subsection (d)(1)—

(i)

the purchaser if the purchaser is a United States person, and

(ii)

the seller if the purchaser is not a United States person, and

(B)

in the case of a transaction described in subsection (d)(2)—

(i)

the payor if the payor is a United States person, and

(ii)

the payee if the payor is not a United States person.

(h)

Certain payments treated as separate transactions

Except as otherwise provided by the Secretary, any payment with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1) shall be treated as a separate transaction for purposes of this section, including—

(1)

any net initial payment, net final or terminating payment, or net periodical payment with respect to a notional principal contract (or similar financial instrument),

(2)

any payment with respect to any forward contract (or similar financial instrument), and

(3)

any premium paid with respect to any option (or similar financial instrument).

(i)

Administration

The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission.

(j)

Guidance; regulations

The Secretary shall—

(1)

provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and

(2)

prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions.

.

(b)

Clerical amendment

The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item:

Subchapter C. Tax on trading transactions

.

(c)

Effective date

The amendments made by this section shall apply to transactions after December 31, 2012.