II 

112TH CONGRESS 

1ST SESSION S. 336 

To permanently extend the 2001 and 2003 tax relief provisions, and to 

permanently repeal the estate tax, and to provide permanent AMT relief, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2011 

Mr. DEMINT introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To permanently extend the 2001 and 2003 tax relief provisions, and to permanently repeal the estate tax, and 

to provide permanent AMT relief, 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 ‘‘Tax Relief Certainty 

5 Act of 2011’’. 

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1 TITLE I—PERMANENT TAX 

2 RELIEF 

3 SEC. 101. REPEAL OF EGTRRA SUNSET. 

4 Section 901 of the Economic Growth and Tax Relief 

5 Reconciliation Act of 2001 is repealed. 

6 SEC. 102. REPEAL OF JGTRRA SUNSET. 

7 Section 303 of the Jobs and Growth Tax Relief Rec8 onciliation Act of 2003 is repealed. 

9 SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS. 

10 The Secretary of the Treasury or the Secretary’s del11 egate shall, not later than 90 days after the date of the 

12 enactment of this Act, submit to the Committee on Ways 

13 and Means of the House of Representatives and the Com14 mittee on Finance of the Senate a draft of any technical 

15 and conforming changes in the Internal Revenue Code of 

16 1986 which are necessary to reflect throughout such Code 

17 the purposes of the provisions of, and amendments made 

18 by, this Act. 

19 TITLE II—PERMANENT 

20 INDIVIDUAL AMT RELIEF 

21 SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF. 

22 (a) MODIFICATION OF ALTERNATIVE MINIMUM TAX

23 EXEMPTION AMOUNT.— 

24 (1) IN GENERAL.—Paragraph (1) of section 

25 55(d) of the Internal Revenue Code of 1986 (relatmstockstill on DSKH9S0YB1PROD with BILLS

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1 ing to exemption amount) is amended to read as fol2 lows: 

3 ‘‘(1) EXEMPTION AMOUNT FOR TAXPAYERS

4 OTHER THAN CORPORATIONS.—In the case of a tax5 payer other than a corporation, the term ‘exemption 

6 amount’ means— 

7 ‘‘(A) the dollar amount for taxable years 

8 beginning in the calendar year as specified in 

9 the table contained in paragraph (4)(A) in the 

10 case of— 

11 ‘‘(i) a joint return, or 

12 ‘‘(ii) a surviving spouse, 

13 ‘‘(B) the dollar amount for taxable years 

14 beginning in the calendar year as specified in 

15 the table contained in paragraph (4)(B) in the 

16 case of an individual who— 

17 ‘‘(i) is not a married individual, and 

18 ‘‘(ii) is not a surviving spouse, 

19 ‘‘(C) 50 percent of the dollar amount ap20 plicable under paragraph (1)(A) in the case of 

21 a married individual who files a separate re22 turn, and 

23 ‘‘(D) $22,500 in the case of an estate or 

24 trust. 

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1 For purposes of this paragraph, the term ‘surviving 

2 spouse’ has the meaning given to such term by sec3 tion 2(a), and marital status shall be determined 

4 under section 7703.’’. 

5 (2) SPECIFIED EXEMPTION AMOUNTS.—Section 

6 55(d) of such Code is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(4) SPECIFIED EXEMPTION AMOUNTS.— 

9 ‘‘(A) TAXPAYERS DESCRIBED IN PARA10 GRAPH (1)(A).—For purposes of paragraph 

11 (1)(A)— 

‘‘For taxable years beginning in— 

The 

exemption 

amount is: 

2011 ................................................................................................ $74,450

2012 ................................................................................................ $78,250

2013 ................................................................................................ $81,450

2014 ................................................................................................ $85,050

2015 ................................................................................................ $88,650

2016 ................................................................................................ $92,650

2017 ................................................................................................ $96,550

2018 ................................................................................................ $100,950

2019 ................................................................................................ $105,150

2020 ................................................................................................ $109,950

2021 ................................................................................................ $112,250. 

12 ‘‘(B) TAXPAYERS DESCRIBED IN PARA13 GRAPH (1)(B).—For purposes of paragraph 

14 (1)(B)— 

‘‘For taxable years beginning in— 

The 

exemption 

amount is: 

2011 ................................................................................................ $48,450

2012 ................................................................................................ $50,350

2013 ................................................................................................ $51,950

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‘‘For taxable years beginning in— 

The 

exemption 

amount is: 

2014 ................................................................................................ $53,750

2015 ................................................................................................ $55,550

2016 ................................................................................................ $57,550

2017 ................................................................................................ $59,500

2018 ................................................................................................ $61,700

2019 ................................................................................................ $63,800

2020 ................................................................................................ $66,200

2021 ................................................................................................ $68,200.’’. 

1 (b) ALTERNATIVE MINIMUM TAX RELIEF FOR NON2 REFUNDABLE CREDITS.— 

3 (1) IN GENERAL.—Subsection (a) of section 26 

4 of the Internal Revenue Code of 1986 is amended to 

5 read as follows: 

6 ‘‘(a) LIMITATION BASED ON AMOUNT OF TAX.—The 

7 aggregate amount of credits allowed by this subpart for 

8 the taxable year shall not exceed the sum of— 

9 ‘‘(1) the taxpayer’s regular tax liability for the 

10 taxable year reduced by the foreign tax credit allow11 able under section 27(a), and 

12 ‘‘(2) the tax imposed by section 55(a) for the 

13 taxable year.’’. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) CHILD TAX CREDIT.— 

16 (i) Section 24(b) of such Code is 

17 amended by striking paragraph (3). 

18 (ii) Section 24(d)(1) of such Code is 

19 amended— 

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1 (I) by striking ‘‘section 26(a)(2) 

2 or subsection (b)(3), as the case may 

3 be,’’ each place it appears in subpara4 graphs (A) and (B) and inserting 

5 ‘‘section 26(a)’’, and 

6 (II) by striking ‘‘section 26(a)(2) 

7 or subsection (b)(3), as the case may 

8 be’’ in the second last sentence and 

9 inserting ‘‘section 26(a)’’. 

10 (B) CREDIT FOR INTEREST ON CERTAIN

11 HOME MORTGAGES.—Section 25(e)(1)(C) of 

12 such Code is amended to read as follows: 

13 ‘‘(C) APPLICABLE TAX LIMIT.—For pur14 poses of this paragraph, the term ‘applicable 

15 tax limit’ means the limitation imposed by sec16 tion 26(a) for the taxable year reduced by the 

17 sum of the credits allowable under this subpart 

18 (other than this section and sections 23, 25D, 

19 and 1400C).’’. 

20 (C) SAVERS’ CREDIT.—Section 25B of 

21 such Code is amended by striking subsection 

22 (g). 

23 (D) RESIDENTIAL ENERGY EFFICIENT

24 PROPERTY.—Section 25D(c) of such Code is 

25 amended to read as follows: 

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1 ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If the 

2 credit allowable under subsection (a) exceeds the limita3 tion imposed by section 26(a) for such taxable year re4 duced by the sum of the credits allowable under this sub5 part (other than this section), such excess shall be carried 

6 to the succeeding taxable year and added to the credit al7 lowable under subsection (a) for such succeeding taxable 

8 year.’’. 

9 (E) CERTAIN PLUG-IN ELECTRIC VEHI10 CLES.—Section 30(c)(2) of such Code is 

11 amended to read as follows: 

12 ‘‘(2) PERSONAL CREDIT.—For purposes of this 

13 title, the credit allowed under subsection (a) for any 

14 taxable year (determined after application of para15 graph (1)) shall be treated as a credit allowable 

16 under subpart A for such taxable year.’’. 

17 (F) ALTERNATIVE MOTOR VEHICLE CRED18 IT.—Section 30B(g)(2) of such Code is amend19 ed to read as follows: 

20 ‘‘(2) PERSONAL CREDIT.—For purposes of this 

21 title, the credit allowed under subsection (a) for any 

22 taxable year (determined after application of para23 graph (1)) shall be treated as a credit allowable 

24 under subpart A for such taxable year.’’. 

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1 (G) NEW QUALIFIED PLUG-IN ELECTRIC

2 VEHICLE CREDIT.—Section 30D(c)(2) of such 

3 Code is amended to read as follows: 

4 ‘‘(2) PERSONAL CREDIT.—For purposes of this 

5 title, the credit allowed under subsection (a) for any 

6 taxable year (determined after application of para7 graph (1)) shall be treated as a credit allowable 

8 under subpart A for such taxable year.’’. 

9 (H) CROSS REFERENCES.—Section 

10 55(c)(3) of such Code is amended by striking 

11 ‘‘26(a), 30C(d)(2),’’ and inserting ‘‘30C(d)(2)’’. 

12 (I) FOREIGN TAX CREDIT.—Section 904 of 

13 such Code is amended by striking subsection (i) 

14 and by redesignating subsections (j), (k), and 

15 (l) as subsections (i), (j), and (k), respectively. 

16 (J) FIRST-TIME HOME BUYER CREDIT FOR

17 THE DISTRICT OF COLUMBIA.—Section 

18 1400C(d) of such Code is amended to read as 

19 follows: 

20 ‘‘(d) CARRYFORWARD OF UNUSED CREDIT.—If the 

21 credit allowable under subsection (a) exceeds the limita22 tion imposed by section 26(a) for such taxable year re23 duced by the sum of the credits allowable under subpart 

24 A of part IV of subchapter A (other than this section and 

25 section 25D), such excess shall be carried to the sucmstockstill on DSKH9S0YB1PROD with BILLS

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1 ceeding taxable year and added to the credit allowable 

2 under subsection (a) for such taxable year.’’. 

3 (3) ADOPTION CREDIT.— 

4 (A) IN GENERAL.—Section 10909 of the 

5 Patient Protection and Affordable Care Act, 

6 and the amendments made thereby, are re7 pealed; and the Internal Revenue Code of 1986 

8 shall be applied as if such section, and amend9 ments, had never been enacted. 

10 (B) CONFORMING AMENDMENTS.— 

11 (i) Section 23(b) of the Internal Rev12 enue Code of 1986, as in effect on Decem13 ber 31, 2009, is amended by striking para14 graph (4). 

15 (ii) Section 23(c) of such Code, as in 

16 effect on December 31, 2009, is amended 

17 by striking paragraphs (1) and (2) and in18 serting before paragraph (3) the following: 

19 ‘‘(1) IN GENERAL.—If the credit allowable 

20 under subsection (a) for any taxable year exceeds 

21 the limitation imposed by section 26(a) for such tax22 able year, reduced by the sum of the credits allow23 able under this subpart (other than this section and 

24 sections 25D and 1400C), such excess shall be car25 ried to the succeeding taxable year and added to the 

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1 credit allowable under subsection (a) for such tax2 able year.’’. 

3 (iii) Section 23(c) of such Code, as in 

4 effect on December 31, 2009, is amended 

5 by redesignating paragraph (3) as para6 graph (2). 

7 (c) EFFECTIVE DATE.—The amendments and the re8 peal made by this section shall apply to taxable years be9 ginning after December 31, 2010. 

10 TITLE III—PERMANENT ESTATE 

11 TAX RELIEF 

12 SEC. 301. PERMANENT ESTATE TAX RELIEF. 

13 (a) IN GENERAL.—Title III of the Tax Relief, Unem14 ployment Insurance Reauthorization, and Job Creation 

15 Act of 2010, and the amendments made thereby, are re16 pealed; and the Internal Revenue Code of 1986 shall be 

17 applied as if such title, and amendments, had never been 

18 enacted. 

19 (b) EFFECTIVE DATE.—The repeal made by this sec20 tion shall apply to estates of decedents dying, gifts made, 

21 and generation skipping transfers after December 31, 

22 2009. 

Æ 

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