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H.R. 5377: Restoring Tax Fairness for States and Localities Act


The text of the bill below is as of Dec 10, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 5377

IN THE HOUSE OF REPRESENTATIVES

December 10, 2019

(for himself, Mr. Thompson of California, Mr. Pascrell, Mr. King of New York, Mr. Beyer, Mr. Brendan F. Boyle of Pennsylvania, Ms. Judy Chu of California, Mr. Danny K. Davis of Illinois, Mr. Higgins of New York, Mr. Larson of Connecticut, Mr. Panetta, Ms. Sánchez, Mr. Schneider, Mr. Casten of Illinois, Mr. Cisneros, Mr. Correa, Ms. Craig, Mr. Engel, Ms. Eshoo, Mr. Kim, Mr. Levin of California, Mrs. Lowey, Mr. Malinowski, Mr. Meeks, Ms. Meng, Mr. Morelle, Mr. Nadler, Mr. Phillips, Ms. Porter, Mr. Raskin, Miss Rice of New York, Mr. Rose of New York, Ms. Sherrill, Mr. Sires, Mr. Trone, Ms. Underwood, Mrs. Watson Coleman, Mr. Courtney, Mr. Espaillat, and Mr. Harder of California) 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 modify the limitation on deduction of State and local taxes, and for other purposes.

1.

Short title

This Act may be cited as the Restoring Tax Fairness for States and Localities Act.

2.

Elimination for 2019 of marriage penalty in limitation on deduction of State and local taxes

(a)

In general

Section 164(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(7)

Special rule for limitation on individual deductions for 2019

In the case of a taxable year beginning after December 31, 2018, and before January 1, 2020, paragraph (6) shall be applied by substituting ($20,000 in the case of a joint return) for ($5,000 in the case of a married individual filing a separate return).

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2018.

3.

Elimination for 2020 and 2021 of limitation on deduction of State and local taxes

(a)

In general

Section 164(b)(6)(B) of the Internal Revenue Code of 1986 is amended by inserting in the case of a taxable year beginning before January 1, 2020, or after December 31, 2021, before the aggregate amount of taxes.

(b)

Conforming amendments

Section 164(b)(6) of the Internal Revenue Code of 1986 is amended—

(1)

by striking For purposes of subparagraph (B) and inserting For purposes of this section;

(2)

by striking January 1, 2018 and inserting January 1, 2022;

(3)

by striking December 31, 2017, shall and inserting December 31, 2021, shall; and

(4)

by adding at the end the following: For purposes of this section, in the case of State or local taxes with respect to any real or personal property paid during a taxable year beginning in 2020 or 2021, the Secretary shall prescribe rules which treat all or a portion of such taxes as paid in a taxable year or years other than the taxable year in which actually paid as necessary or appropriate to prevent the avoidance of the limitations of this subsection..

(c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2019.

4.

Increase of top marginal individual income tax rate under temporary rules

(a)

In general

The tables contained in subparagraphs (A), (B), (C), (D), and (E) of section 1(j)(2) of the Internal Revenue Code of 1986 are each amended by striking 37% and inserting 39.6% and—

(1)

in subparagraph (A)—

(A)

by striking $600,00 each place such term appears and inserting $479,000; and

(B)

by striking $161,379 and inserting $119,029;

(2)

in subparagraph (B)—

(A)

by striking $500,000 each place such term appears and inserting $452,400; and

(B)

by striking $149,298 and inserting $132,638;

(3)

in subparagraph (C)—

(A)

by striking $500,000 each place such term appears and inserting $425,800; and

(B)

by striking $150,689.50 and inserting $124,719.50; and

(4)

in subparagraph (D)—

(A)

by striking $300,000 each place such term appears and inserting $239,500; and

(B)

by striking $80,689.50 and inserting $59,514.50.

(b)

Conforming amendments

(1)

Section 1(j)(4)(B)(iii) of the Internal Revenue Code of 1986 is amended—

(A)

in the matter preceding subclause (I), by striking 37 percent and inserting 39.6 percent;

(B)

in subclause (II), by striking 37-percent bracket and inserting 39.6-percent bracket; and

(C)

in the heading, by striking 37-percent bracket and inserting 39.6-percent bracket.

(2)

Section 1(j)(4)(C) of such Code is amended—

(A)

in clause (i)(II), by striking paragraph (5)(B)(i)(IV) and inserting paragraph (5)(B)(iv); and

(B)

by amending clause (ii) to read as follows:

(ii)

the amount which would (without regard to this paragraph) be taxed at a rate below 39.6 percent shall not be more than the sum of—

(I)

the earned taxable income of such child, plus

(II)

the maximum dollar amount for the 35-percent rate bracket for estates and trusts.

.

(3)

The heading of section 1(j)(5) of such Code is amended to read as follows: Application of zero percent capital gain rate brackets.

(4)

Subparagraphs (A) and (B) of section 1(j)(5) of such Code are amended to read as follows:

(A)

In general

Subsection (h)(1)(B)(i) shall be applied by substituting below the maximum zero rate amount for which would (without regard to this paragraph) be taxed at a rate below 25 percent.

(B)

Maximum zero rate amount defined

For purposes of subparagraph (A), the term maximum zero rate amount means—

(i)

in the case of a joint return or surviving spouse, $77,200,

(ii)

in the case of an individual who is a head of household (as defined in section 2(b)), $51,700,

(iii)

in the case of any other individual (other than an estate or trust), an amount equal to ½ of the amount in effect for the taxable year under clause (i), and

(iv)

in the case of an estate or trust, $2,600.

.

(5)

Section 1(j)(5)(C) of such Code is amended by striking clauses (i) and (ii) of.

(c)

Effective date

The amendments made by this subsection shall apply to taxable years beginning after December 31, 2019.

(d)

Section 15 not To apply

Section 15 of the Internal Revenue Code of 1986 shall not apply to any change in a rate of tax by reason of any amendment made by this section.