I 

111TH CONGRESS 

1ST SESSION H. R. 4100 

To amend the Internal Revenue Code of 1986 to provide individual and 

corporate income tax relief, to reduce the employee share of payroll 

taxes, and to rescind unobligated stimulus funds, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2009 

Mr. BROUN of Georgia (for himself, Mr. GOHMERT, Mr. HALL of Texas, Ms. 

GRANGER, Mr. COLE, Mr. FRANKS of Arizona, Mr. SHADEGG, Mr. 

BISHOP of Utah, Mr. MARCHANT, and Mr. POSEY) introduced the following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committee on Appropriations, 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 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

individual and corporate income tax relief, to reduce the 

employee share of payroll taxes, and to rescind unobligated stimulus funds, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jumpstarting Our 

5 Business Sector Act of 2009’’. 


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1 SEC. 2. CAPITAL GAINS TAX RELIEF. 

2 (a) IN GENERAL.—Part III of subchapter B of chap3 ter 1 of the Internal Revenue Code of 1986 is amended 

4 by adding at the end the following new section: 

5 ‘‘SEC. 139D. TEMPORARY EXCLUSION OF CERTAIN DIVI6 DENDS AND LONG-TERM CAPITAL GAINS. 

7 ‘‘In the case of taxable years beginning in 2009 and 

8 2010, gross income shall not include— 

9 ‘‘(1) gain from the sale or exchange of a capital 

10 asset held for more than 1 year, and 

11 ‘‘(2) any qualified dividend income (as defined 

12 in section 1(h)(11)(B), determined without regard to 

13 clause (ii)(IV) thereof and without regard to section 

14 303 of the Jobs and Growth Tax Relief Reconcili15 ation Act of 2003).’’. 

16 (b) CONFORMING AMENDMENT.—Clause (ii) of sec17 tion 1(h)(11)(B) of such Code is amended by striking 

18 ‘‘and’’ at the end of subclause (II), by striking the period 

19 at the end of subclause (III) and inserting ‘‘, and’’, and 

20 by adding at the end the following new subclause: 

21 ‘‘(IV) any dividend excluded from 

22 gross income under section 139D.’’. 

23 (c) CLERICAL AMENDMENT.—Part III of subchapter 

24 B of chapter 1 of such Code is amended by inserting after 

25 the item relating to section 139C the following new item: 

‘‘139D. Temporary exclusion of certain dividends and long-term capital gains.’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2008. 

4 SEC. 3. TEMPORARY REDUCTION OF EMPLOYMENT TAXES. 

5 (a) TAX ON EMPLOYEES.—Section 3101 of the Inter6 nal Revenue Code of 1986 is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(d) TEMPORARY REDUCTION.—In the case of remu9 neration paid not later than 2 years after the date of the 

10 enactment of this subsection— 

11 ‘‘(1) subsection (a) shall be applied by sub12 stituting ‘3.1’ for ‘6.2’, and 

13 ‘‘(2) subsection (b) shall be applied by sub14 stituting ‘0.725’ for ‘1.45’.’’. 

15 (b) TAX ON SELF-EMPLOYED INCOME.—Section 

16 1401 of such Code is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(c) TEMPORARY REDUCTION.—In the case of self19 employment income derived not later than 2 years after 

20 the date of the enactment of this subsection— 

21 ‘‘(1) subsection (a) shall be applied by sub22 stituting ‘6.2’ for ‘12.40’, and 

23 ‘‘(2) subsection (b) shall be applied by sub24 stituting ‘1.45’ for ‘2.90’.’’. 

25 (c) EFFECTIVE DATES.— 


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1 (1) The amendment made by subsection (a) 

2 shall apply to remuneration received on or after the 

3 first January 1 after the date of the enactment of 

4 this Act. 

5 (2) The amendment made by subsection (b) 

6 shall apply to self-employment income derived on or 

7 after the first January 1 after the date of the enact8 ment of this Act. 

9 SEC. 4. REDUCTION IN CORPORATE MARGINAL INCOME 

10 TAX RATES. 

11 (a) IN GENERAL.—Subsection (b) of section 11 of the 

12 Internal Revenue Code of 1986 is amended by adding at 

13 the end the following new paragraph: 

14 ‘‘(3) REDUCED TEMPORARY RATES.—In the 

15 case of taxable years beginning in 2009 and 2010— 

16 ‘‘(A) IN GENERAL.—Notwithstanding para17 graph (1), the amount of tax imposed by sub18 section (a) shall be the sum of— 

19 ‘‘(i) 15 percent of so much of the tax20 able income as does not exceed $50,000, 

21 and 

22 ‘‘(ii) 25 percent of so much of the tax23 able income as exceeds $75,000. 


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1 ‘‘(B) CERTAIN PERSONAL SERVICE COR2 PORATIONS.—Paragraph (2) shall be applied by 

3 substituting ‘25 percent’ for ‘35 percent’.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 this section shall apply to taxable years beginning after 

6 December 31, 2008. 

7 SEC. 5. RATE REDUCTIONS FOR 2009 AND 2010. 

8 Subsection (i) of section 1 of the Internal Revenue 

9 Code of 1986 is amended by adding at the end the fol10 lowing new paragraph: 

11 ‘‘(4) TEMPORARY RATE REDUCTIONS FOR 2009

12 AND 2010.—In the case of taxable years beginning 

13 after December 31, 2008, and before January 1, 

14 2011— 

15 ‘‘(A) paragraph (1)(A)(i) shall be applied 

16 by substituting ‘5 percent’ for ‘10 percent’, and 

17 ‘‘(B) notwithstanding paragraph (1)(A)(ii), 

18 the rate of tax under subsections (a), (b), (c), 

19 and (d) on taxable income over the initial 

20 bracket amount (as defined in such paragraph) 

21 but not over the maximum bracket amount for 

22 the 15-percent rate bracket shall be 10 per23 cent.’’. 


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1 SEC. 6. RESCISSION OF UNOBLIGATED STIMULUS FUNDS. 

2 Effective on the date of the enactment of this Act, 

3 there are rescinded all unobligated balances of the discre4 tionary appropriations made available by division A of the 

5 American Recovery and Reinvestment Act of 2009 (Public 

6 Law 111–5). 

Æ 


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