II 

114TH CONGRESS 

1ST SESSION H. R. 644 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2015 

Received 

AN ACT 

To amend the Internal Revenue Code of 1986 to permanently 

extend and expand the charitable deduction for contributions of food inventory. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘America Gives More 

3 Act of 2015’’. 

4 SEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DE5 DUCTION FOR CONTRIBUTIONS OF FOOD IN6 VENTORY. 

7 (a) PERMANENT EXTENSION.—Section 170(e)(3)(C) 

8 of the Internal Revenue Code of 1986 is amended by strik9 ing clause (iv). 

10 (b) INCREASE IN LIMITATION.—Section 170(e)(3)(C) 

11 of such Code, as amended by subsection (a), is amended 

12 by striking clause (ii), by redesignating clause (iii) as 

13 clause (iv), and by inserting after clause (i) the following 

14 new clauses: 

15 ‘‘(ii) LIMITATION.—The aggregate 

16 amount of such contributions for any tax17 able year which may be taken into account 

18 under this section shall not exceed— 

19 ‘‘(I) in the case of any taxpayer 

20 other than a C corporation, 15 per21 cent of the taxpayer’s aggregate net 

22 income for such taxable year from all 

23 trades or businesses from which such 

24 contributions were made for such 

25 year, computed without regard to this 

26 section, and 


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1 ‘‘(II) in the case of a C corpora2 tion, 15 percent of taxable income (as 

3 defined in subsection (b)(2)(D)). 

4 ‘‘(iii) RULES RELATED TO LIMITA5 TION.— 

6 ‘‘(I) CARRYOVER.—If such aggre7 gate amount exceeds the limitation 

8 imposed under clause (ii), such excess 

9 shall be treated (in a manner con10 sistent with the rules of subsection 

11 (d)) as a charitable contribution de12 scribed in clause (i) in each of the 5 

13 succeeding taxable years in order of 

14 time. 

15 ‘‘(II) COORDINATION WITH OVER16 ALL CORPORATE LIMITATION.—In the 

17 case of any charitable contribution al18 lowable under clause (ii)(II), sub19 section (b)(2)(A) shall not apply to 

20 such contribution, but the limitation 

21 imposed by such subsection shall be 

22 reduced (but not below zero) by the 

23 aggregate amount of such contribu24 tions. For purposes of subsection 

25 (b)(2)(B), such contributions shall be 


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1 treated as allowable under subsection 

2 (b)(2)(A).’’. 

3 (c) DETERMINATION OF BASIS FOR CERTAIN TAX4 PAYERS.—Section 170(e)(3)(C) of such Code, as amended 

5 by subsections (a) and (b), is amended by adding at the 

6 end the following new clause: 

7 ‘‘(v) DETERMINATION OF BASIS FOR

8 CERTAIN TAXPAYERS.—If a taxpayer— 

9 ‘‘(I) does not account for inven10 tories under section 471, and 

11 ‘‘(II) is not required to capitalize 

12 indirect costs under section 263A, 

13 the taxpayer may elect, solely for purposes 

14 of subparagraph (B), to treat the basis of 

15 any apparently wholesome food as being 

16 equal to 25 percent of the fair market 

17 value of such food.’’. 

18 (d) DETERMINATION OF FAIR MARKET VALUE.— 

19 Section 170(e)(3)(C) of such Code, as amended by sub20 sections (a), (b), and (c), is amended by adding at the 

21 end the following new clause: 

22 ‘‘(vi) DETERMINATION OF FAIR MAR23 KET VALUE.—In the case of any such con24 tribution of apparently wholesome food 

25 which cannot or will not be sold solely by 


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1 reason of internal standards of the tax2 payer, lack of market, or similar cir3 cumstances, or by reason of being pro4 duced by the taxpayer exclusively for the 

5 purposes of transferring the food to an or6 ganization described in subparagraph (A), 

7 the fair market value of such contribution 

8 shall be determined— 

9 ‘‘(I) without regard to such inter10 nal standards, such lack of market, 

11 such circumstances, or such exclusive 

12 purpose, and 

13 ‘‘(II) by taking into account the 

14 price at which the same or substan15 tially the same food items (as to both 

16 type and quality) are sold by the tax17 payer at the time of the contribution 

18 (or, if not so sold at such time, in the 

19 recent past).’’. 

20 (e) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—Except as otherwise pro22 vided in this subsection, the amendments made by 

23 this section shall apply to contributions made after 

24 the date of the enactment of this Act, in taxable 

25 years ending after such date. 


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1 (2) LIMITATION; APPLICABILITY TO C CORPORA2 TIONS.—The amendments made by subsection (b) 

3 shall apply to contributions made in taxable years 

4 ending after the date of the enactment of this Act. 

5 SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBU6 TIONS FROM INDIVIDUAL RETIREMENT AC7 COUNTS FOR CHARITABLE PURPOSES MADE 

8 PERMANENT. 

9 (a) IN GENERAL.—Section 408(d)(8) of the Internal 

10 Revenue Code of 1986 is amended by striking subpara11 graph (F). 

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

13 this section shall apply to distributions made in taxable 

14 years beginning after December 31, 2014. 

15 SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION 

16 CONTRIBUTIONS MADE PERMANENT. 

17 (a) IN GENERAL.— 

18 (1) INDIVIDUALS.—Subparagraph (E) of sec19 tion 170(b)(1) of the Internal Revenue Code of 1986 

20 (relating to contributions of qualified conservation 

21 contributions) is amended by striking clause (vi). 

22 (2) CORPORATIONS.—Subparagraph (B) of sec23 tion 170(b)(2) of such Code (relating to qualified 

24 conservation contributions) is amended by striking 

25 clause (iii). 


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1 (b) CONTRIBUTIONS OF CAPITAL GAIN REAL PROP2 ERTY MADE FOR CONSERVATION PURPOSES BY NATIVE

3 CORPORATIONS.— 

4 (1) IN GENERAL.—Section 170(b)(2) of such 

5 Code is amended by redesignating subparagraph (C) 

6 as subparagraph (D), and by inserting after sub7 paragraph (B) the following new subparagraph: 

8 ‘‘(C) QUALIFIED CONSERVATION CON9 TRIBUTIONS BY CERTAIN NATIVE CORPORA10 TIONS.— 

11 ‘‘(i) IN GENERAL.—Any qualified con12 servation contribution (as defined in sub13 section (h)(1)) which— 

14 ‘‘(I) is made by a Native Cor15 poration, and 

16 ‘‘(II) is a contribution of prop17 erty which was land conveyed under 

18 the Alaska Native Claims Settlement 

19 Act, 

20 shall be allowed to the extent that the ag21 gregate amount of such contributions does 

22 not exceed the excess of the taxpayer’s tax23 able income over the amount of charitable 

24 contributions allowable under subpara25 graph (A). 


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1 ‘‘(ii) CARRYOVER.—If the aggregate 

2 amount of contributions described in clause 

3 (i) exceeds the limitation of clause (i), such 

4 excess shall be treated (in a manner con5 sistent with the rules of subsection (d)(2)) 

6 as a charitable contribution to which clause 

7 (i) applies in each of the 15 succeeding 

8 taxable years in order of time. 

9 ‘‘(iii) NATIVE CORPORATION.—For 

10 purposes of this subparagraph, the term 

11 ‘Native Corporation’ has the meaning 

12 given such term by section 3(m) of the 

13 Alaska Native Claims Settlement Act.’’. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) Section 170(b)(2)(A) of such Code is 

16 amended by striking ‘‘subparagraph (B) ap17 plies’’ and inserting ‘‘subparagraph (B) or (C) 

18 applies’’. 

19 (B) Section 170(b)(2)(B)(ii) of such Code 

20 is amended by striking ‘‘15 succeeding years’’ 

21 and inserting ‘‘15 succeeding taxable years’’. 

22 (3) VALID EXISTING RIGHTS PRESERVED.— 

23 Nothing in this subsection (or any amendment made 

24 by this subsection) shall be construed to modify the 

25 existing property rights validly conveyed to Native 


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1 Corporations (within the meaning of section 3(m) of 

2 the Alaska Native Claims Settlement Act) under 

3 such Act. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to contributions made in taxable 

6 years beginning after December 31, 2014. 

7 SEC. 5. MODIFICATION OF THE TAX RATE FOR THE EXCISE 

8 TAX ON INVESTMENT INCOME OF PRIVATE 

9 FOUNDATIONS. 

10 (a) IN GENERAL.—Section 4940(a) of the Internal 

11 Revenue Code of 1986 is amended by striking ‘‘2 percent’’ 

12 and inserting ‘‘1 percent’’. 

13 (b) ELIMINATION OF REDUCED TAX WHERE FOUN14 DATION MEETS CERTAIN DISTRIBUTION REQUIRE15 MENTS.—Section 4940 of such Code is amended by strik16 ing subsection (e). 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to taxable years beginning after 

19 the date of the enactment of this Act. 


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1 SEC. 6. BUDGETARY EFFECTS. 

2 The budgetary effects of this Act shall not be entered 

3 on either PAYGO scorecard maintained pursuant to sec4 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

Passed the House of Representatives February 12, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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