IN THE SENATE OF THE UNITED STATES
May 23 (legislative day, May 22), 2019
Mrs. Hyde-Smith (for herself, Mr. Wicker, Mr. Rubio, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend the Internal Revenue Code of 1986 to provide a special rule for certain casualty losses of uncut timber.
This Act may be cited as the
Forest Recovery Act.
Casualty losses of uncut timber
Section 165(b) of the Internal Revenue Code of 1986 is amended—
For purposes of subsection (a) and inserting the following:
For purposes of subsection (a)
by adding at the end the following new paragraph:
Special rule for casualty loss of uncut timber
In the case of the loss of any uncut timber from fire, storm, or other casualty, or from theft, the basis for determining the amount of the deduction for such loss (as otherwise determined under paragraph (1)) shall not be less than the excess of—
the fair market value of such uncut timber determined immediately before such loss was sustained, over
the salvage value of such timber.
Exclusion of timber not held for sale
Subparagraph (A) shall not apply to any timber unless such timber is held for the purpose of being cut and sold.
Inclusion of pre-merchantable timber
For purposes of this paragraph, the term uncut timber shall not fail to include pre-merchantable timber.
Subparagraph (A) shall not apply unless the uncut timber subject to the loss is reforested (with hardwoods, softwoods, or any combination thereof) by planting, seeding, or appropriate site preparation, not later than the close of the 5-year period beginning on the date of such loss.
Exception To repeal of personal casualty losses
Section 165(h)(5)(A) is amended by inserting
or a loss of uncut timber (within the meaning of subsection (b)(2)) to which subsection (b)(2)(A) applies after
Federally declared disaster (as defined in subsection (i)(5)).
The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.