I 

114TH CONGRESS 

2D SESSION H. R. 5007 

To amend the Internal Revenue Code of 1986 to exempt private foundations 

from the tax on excess business holdings in the case of certain philanthropic enterprises which are independently supervised, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2016 

Mr. REICHERT (for himself, Mr. LARSON of Connecticut, Mr. TIBERI, Mr. 

NEAL, Mr. PAULSEN, Mr. HOLDING, Mr. SMITH of Missouri, Ms. ESTY, 

Mr. BYRNE, and Mr. HIMES) introduced the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to exempt 

private foundations from the tax on excess business holdings in the case of certain philanthropic enterprises 

which are independently supervised, 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 ‘‘Philanthropic Enter5 prise Act of 2016’’. 


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1 SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS 

2 BUSINESS HOLDING TAX FOR CERTAIN PHIL3 ANTHROPIC BUSINESS HOLDINGS. 

4 (a) IN GENERAL.—Section 4943 of the Internal Rev5 enue Code of 1986 is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(g) EXCEPTION FOR CERTAIN PHILANTHROPIC

8 BUSINESS HOLDINGS.— 

9 ‘‘(1) IN GENERAL.—Subsection (a) shall not 

10 apply with respect to the holdings of a private foun11 dation in any business enterprise which for the tax12 able year meets— 

13 ‘‘(A) the exclusive ownership requirements 

14 of paragraph (2), 

15 ‘‘(B) the all profits to charity distribution 

16 requirement of paragraph (3), and 

17 ‘‘(C) the independent operation require18 ments of paragraph (4). 

19 ‘‘(2) EXCLUSIVE OWNERSHIP.—The exclusive 

20 ownership requirements of this paragraph are met 

21 if— 

22 ‘‘(A) all ownership interests in the business 

23 enterprise are held by the private foundation at 

24 all times during the taxable year, and 

25 ‘‘(B) all the private foundation’s ownership 

26 interests in the business enterprise were acVerDate Sep 11 2014 02:22 Apr 29, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5007.IH H5007

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1 quired under the terms of a will or trust upon 

2 the death of the testator or settlor, as the case 

3 may be. 

4 ‘‘(3) ALL PROFITS TO CHARITY.— 

5 ‘‘(A) IN GENERAL.—The all profits to 

6 charity distribution requirement of this para7 graph is met if the business enterprise, not 

8 later than 120 days after the close of the tax9 able year, distributes an amount equal to its net 

10 operating income for such taxable year to the 

11 private foundation. 

12 ‘‘(B) NET OPERATING INCOME.—For pur13 poses of this paragraph, the net operating in14 come of any business enterprise for any taxable 

15 year is an amount equal to the gross income of 

16 the business enterprise for the taxable year, re17 duced by the sum of— 

18 ‘‘(i) the deductions allowed by chapter 

19 1 for the taxable year which are directly 

20 connected with the production of such in21 come, 

22 ‘‘(ii) the tax imposed by chapter 1 on 

23 the business enterprise for the taxable 

24 year, and 


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1 ‘‘(iii) an amount for a reasonable re2 serve for working capital and other busi3 ness needs of the business enterprise. 

4 ‘‘(4) INDEPENDENT OPERATION.—The inde5 pendent operation requirements of this paragraph 

6 are met if, at all times during the taxable year— 

7 ‘‘(A) no substantial contributor (as defined 

8 in section 4958(c)(3)(C)) to the private founda9 tion, or family member of such a contributor 

10 (determined under section 4958(f)(4)) is a di11 rector, officer, trustee, manager, employee, or 

12 contractor of the business enterprise (or an in13 dividual having powers or responsibilities simi14 lar to any of the foregoing), 

15 ‘‘(B) at least a majority of the board of di16 rectors of the private foundation are not— 

17 ‘‘(i) also directors or officers of the 

18 business enterprise, or 

19 ‘‘(ii) members of the family (deter20 mined under section 4958(f)(4)) of a sub21 stantial contributor (as defined in section 

22 4958(c)(3)(C)) to the private foundation, 

23 and 

24 ‘‘(C) there is no loan outstanding from the 

25 business enterprise to a substantial contributor 


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1 (as so defined) to the private foundation or a 

2 family member of such contributor (as so deter3 mined). 

4 ‘‘(5) CERTAIN DEEMED PRIVATE FOUNDATIONS

5 EXCLUDED.—This subsection shall not apply to— 

6 ‘‘(A) any fund or organization treated as a 

7 private foundation for purposes of this section 

8 by reason of subsection (e) or (f), 

9 ‘‘(B) any trust described in section 

10 4947(a)(1) (relating to charitable trusts), and 

11 ‘‘(C) any trust described in section 

12 4947(a)(2) (relating to split-interest trusts).’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to taxable years beginning after 

15 December 31, 2014. 

Æ 


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