II 

Calendar No. 56 

114TH CONGRESS 

1ST SESSION H. R. 644 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2015 

Received 

APRIL 16, 2015 

Read the first time 

APRIL 20, 2015 

Read the second time and placed on the calendar 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2015’’. 


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1 SEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DE2 DUCTION FOR CONTRIBUTIONS OF FOOD IN3 VENTORY. 

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

5 of the Internal Revenue Code of 1986 is amended by strik6 ing clause (iv). 

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

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

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

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

11 new clauses: 

12 ‘‘(ii) LIMITATION.—The aggregate 

13 amount of such contributions for any tax14 able year which may be taken into account 

15 under this section shall not exceed— 

16 ‘‘(I) in the case of any taxpayer 

17 other than a C corporation, 15 per18 cent of the taxpayer’s aggregate net 

19 income for such taxable year from all 

20 trades or businesses from which such 

21 contributions were made for such 

22 year, computed without regard to this 

23 section, and 

24 ‘‘(II) in the case of a C corpora25 tion, 15 percent of taxable income (as 

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


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1 ‘‘(iii) RULES RELATED TO LIMITA2 TION.— 

3 ‘‘(I) CARRYOVER.—If such aggre4 gate amount exceeds the limitation 

5 imposed under clause (ii), such excess 

6 shall be treated (in a manner con7 sistent with the rules of subsection 

8 (d)) as a charitable contribution de9 scribed in clause (i) in each of the 5 

10 succeeding taxable years in order of 

11 time. 

12 ‘‘(II) COORDINATION WITH OVER13 ALL CORPORATE LIMITATION.—In the 

14 case of any charitable contribution al15 lowable under clause (ii)(II), sub16 section (b)(2)(A) shall not apply to 

17 such contribution, but the limitation 

18 imposed by such subsection shall be 

19 reduced (but not below zero) by the 

20 aggregate amount of such contribu21 tions. For purposes of subsection 

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

23 treated as allowable under subsection 

24 (b)(2)(A).’’. 


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1 (c) DETERMINATION OF BASIS FOR CERTAIN TAX2 PAYERS.—Section 170(e)(3)(C) of such Code, as amended 

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

4 end the following new clause: 

5 ‘‘(v) DETERMINATION OF BASIS FOR

6 CERTAIN TAXPAYERS.—If a taxpayer— 

7 ‘‘(I) does not account for inven8 tories under section 471, and 

9 ‘‘(II) is not required to capitalize 

10 indirect costs under section 263A, 

11 the taxpayer may elect, solely for purposes 

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

13 any apparently wholesome food as being 

14 equal to 25 percent of the fair market 

15 value of such food.’’. 

16 (d) DETERMINATION OF FAIR MARKET VALUE.— 

17 Section 170(e)(3)(C) of such Code, as amended by sub18 sections (a), (b), and (c), is amended by adding at the 

19 end the following new clause: 

20 ‘‘(vi) DETERMINATION OF FAIR MAR21 KET VALUE.—In the case of any such con22 tribution of apparently wholesome food 

23 which cannot or will not be sold solely by 

24 reason of internal standards of the tax25 payer, lack of market, or similar cirVerDate Sep 11 2014 00:58 Apr 21, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H644.PCS H644

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1 cumstances, or by reason of being pro2 duced by the taxpayer exclusively for the 

3 purposes of transferring the food to an or4 ganization described in subparagraph (A), 

5 the fair market value of such contribution 

6 shall be determined— 

7 ‘‘(I) without regard to such inter8 nal standards, such lack of market, 

9 such circumstances, or such exclusive 

10 purpose, and 

11 ‘‘(II) by taking into account the 

12 price at which the same or substan13 tially the same food items (as to both 

14 type and quality) are sold by the tax15 payer at the time of the contribution 

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

17 recent past).’’. 

18 (e) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—Except as otherwise pro20 vided in this subsection, the amendments made by 

21 this section shall apply to contributions made after 

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

23 years ending after such date. 

24 (2) LIMITATION; APPLICABILITY TO C CORPORA25 TIONS.—The amendments made by subsection (b) 


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1 shall apply to contributions made in taxable years 

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

3 SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBU4 TIONS FROM INDIVIDUAL RETIREMENT AC5 COUNTS FOR CHARITABLE PURPOSES MADE 

6 PERMANENT. 

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

8 Revenue Code of 1986 is amended by striking subpara9 graph (F). 

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

11 this section shall apply to distributions made in taxable 

12 years beginning after December 31, 2014. 

13 SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION 

14 CONTRIBUTIONS MADE PERMANENT. 

15 (a) IN GENERAL.— 

16 (1) INDIVIDUALS.—Subparagraph (E) of sec17 tion 170(b)(1) of the Internal Revenue Code of 1986 

18 (relating to contributions of qualified conservation 

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

20 (2) CORPORATIONS.—Subparagraph (B) of sec21 tion 170(b)(2) of such Code (relating to qualified 

22 conservation contributions) is amended by striking 

23 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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Calendar No. 56 

114TH CONGRESS 

1ST SESSION H. R. 644 

AN ACT 

To amend the Internal Revenue Code of 1986 to 

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

APRIL 20, 2015 

Read the second time and placed on the calendar 


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