II 

Calendar No. 477 

113TH CONGRESS 

2D SESSION H. R. 4719 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2014 

Received; read the first time 

JULY 23, 2014 

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 2014’’. 


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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 years in order of time. 

11 ‘‘(II) COORDINATION WITH OVER12 ALL CORPORATE LIMITATION.—In the 

13 case of any charitable contribution al14 lowable under clause (ii)(II), sub15 section (b)(2)(A) shall not apply to 

16 such contribution, but the limitation 

17 imposed by such subsection shall be 

18 reduced (but not below zero) by the 

19 aggregate amount of such contribu20 tions. For purposes of subsection 

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

22 treated as allowable under subsection 

23 (b)(2)(A).’’. 

24 (c) DETERMINATION OF BASIS FOR CERTAIN TAX25 PAYERS.—Section 170(e)(3)(C) of such Code, as amended 


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

2 end the following new clause: 

3 ‘‘(v) DETERMINATION OF BASIS FOR

4 CERTAIN TAXPAYERS.—If a taxpayer— 

5 ‘‘(I) does not account for inven6 tories under section 471, and 

7 ‘‘(II) is not required to capitalize 

8 indirect costs under section 263A, 

9 the taxpayer may elect, solely for purposes 

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

11 any apparently wholesome food as being 

12 equal to 25 percent of the fair market 

13 value of such food.’’. 

14 (d) DETERMINATION OF FAIR MARKET VALUE.— 

15 Section 170(e)(3)(C) of such Code, as amended by sub16 sections (a), (b), and (c), is amended by adding at the 

17 end the following new clause: 

18 ‘‘(vi) DETERMINATION OF FAIR MAR19 KET VALUE.—In the case of any such con20 tribution of apparently wholesome food 

21 which cannot or will not be sold solely by 

22 reason of internal standards of the tax23 payer, lack of market, or similar cir24 cumstances, or by reason of being pro25 duced by the taxpayer exclusively for the 


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1 purposes of transferring the food to an or2 ganization described in subparagraph (A), 

3 the fair market value of such contribution 

4 shall be determined— 

5 ‘‘(I) without regard to such inter6 nal standards, such lack of market, 

7 such circumstances, or such exclusive 

8 purpose, and 

9 ‘‘(II) by taking into account the 

10 price at which the same or substan11 tially the same food items (as to both 

12 type and quality) are sold by the tax13 payer at the time of the contribution 

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

15 recent past).’’. 

16 (e) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Except as otherwise pro18 vided in this subsection, the amendments made by 

19 this section shall apply to contributions made after 

20 December 31, 2013, in taxable years ending after 

21 such date. 

22 (2) LIMITATION; APPLICABILITY TO C CORPORA23 TIONS.—The amendments made by subsection (b) 

24 shall apply to contributions made in taxable years 

25 beginning after December 31, 2013. 


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1 SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBU2 TIONS FROM INDIVIDUAL RETIREMENTS AC3 COUNTS FOR CHARITABLE PURPOSES MADE 

4 PERMANENT. 

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

6 Revenue Code of 1986 is amended by striking subpara7 graph (F). 

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

9 this section shall apply to distributions made in taxable 

10 years beginning after December 31, 2013. 

11 SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION 

12 CONTRIBUTIONS MODIFIED AND MADE PER13 MANENT. 

14 (a) MADE PERMANENT.— 

15 (1) INDIVIDUALS.—Subparagraph (E) of sec16 tion 170(b)(1) of the Internal Revenue Code of 1986 

17 is amended by striking clause (vi). 

18 (2) CORPORATIONS.—Subparagraph (B) of sec19 tion 170(b)(2) of such Code is amended by striking 

20 clause (iii). 

21 (b) CONTRIBUTIONS OF CAPITAL GAIN REAL PROP22 ERTY MADE FOR CONSERVATION PURPOSES BY NATIVE

23 CORPORATIONS.— 

24 (1) IN GENERAL.—Paragraph (2) of section 

25 170(b) of the Internal Revenue Code of 1986 is 

26 amended by redesignating subparagraph (C) as subVerDate Mar 15 2010 01:06 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4719.PCS H4719

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1 paragraph (D), and by inserting after subparagraph 

2 (B) the following new subparagraph: 

3 ‘‘(C) QUALIFIED CONSERVATION CON4 TRIBUTIONS BY CERTAIN NATIVE CORPORA5 TIONS.— 

6 ‘‘(i) IN GENERAL.—Any qualified con7 servation contribution (as defined in sub8 section (h)(1)) which— 

9 ‘‘(I) is made by a Native Cor10 poration, and 

11 ‘‘(II) is a contribution of prop12 erty which was land conveyed under 

13 the Alaska Native Claims Settlement 

14 Act, 

15 shall be allowed to the extent that the ag16 gregate amount of such contributions does 

17 not exceed the excess of the taxpayer’s tax18 able income over the amount of charitable 

19 contributions allowable under subpara20 graph (A). 

21 ‘‘(ii) CARRYOVER.—If the aggregate 

22 amount of contributions described in clause 

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

24 excess shall be treated (in a manner con25 sistent with the rules of subsection (d)(2)) 


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1 as a charitable contribution to which clause 

2 (i) applies in each of the 15 succeeding 

3 years in order of time. 

4 ‘‘(iii) NATIVE CORPORATION.—For 

5 purposes of this subparagraph, the term 

6 ‘Native Corporation’ has the meaning 

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

8 Alaska Native Claims Settlement Act.’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 170(b)(2)(A) of such Code is amended by striking 

11 ‘‘subparagraph (B) applies’’ and inserting ‘‘subpara12 graph (B) or (C) applies’’. 

13 (3) VALID EXISTING RIGHTS PRESERVED.— 

14 Nothing in this subsection (or any amendment made 

15 by this subsection) shall be construed to modify the 

16 existing property rights validly conveyed to Native 

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

18 the Alaska Native Claims Settlement Act) under 

19 such Act. 

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

21 this section shall apply to contributions made in taxable 

22 years beginning after December 31, 2013. 


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1 SEC. 5. EXTENSION OF TIME FOR MAKING CHARITABLE 

2 CONTRIBUTIONS. 

3 (a) IN GENERAL.—Subsection (a) of section 170 of 

4 the Internal Revenue Code of 1986 is amended by redesig5 nating paragraphs (2) and (3) as paragraphs (3) and (4), 

6 respectively, and by inserting after paragraph (1) the fol7 lowing new paragraph: 

8 ‘‘(2) TREATMENT OF CHARITABLE CONTRIBU9 TIONS MADE BY INDIVIDUALS BEFORE DUE DATE OF

10 RETURN.—If any charitable contribution is made by 

11 an individual after the close of a taxable year but 

12 not later than the due date (determined without re13 gard to extensions) for the return of tax for such 

14 taxable year, then the taxpayer may elect to treat 

15 such charitable contribution as made in such taxable 

16 year. Such election shall be made at such time and 

17 in such manner as the Secretary may provide. For 

18 purposes of this paragraph, an individual’s distribu19 tive share of a partnership’s charitable contribution, 

20 and an individual’s pro rata share of an S corpora21 tion’s charitable contribution, shall not be treated as 

22 charitable contributions made by such individual.’’. 

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

24 this section shall apply to elections made with respect to 

25 taxable years beginning after December 31, 2013. 


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1 SEC. 6. MODIFICATION OF THE TAX RATE FOR THE EXCISE 

2 TAX ON INVESTMENT INCOME OF PRIVATE 

3 FOUNDATIONS. 

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

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

6 and inserting ‘‘1 percent’’. 

7 (b) ELIMINATION OF REDUCED TAX WHERE FOUN8 DATION MEETS CERTAIN DISTRIBUTION REQUIRE9 MENTS.—Section 4940 of such Code is amended by strik10 ing subsection (e). 

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

12 this section shall apply to taxable years beginning after 

13 the date of the enactment of this Act. 

14 SEC. 7. BUDGETARY EFFECTS. 

15 (a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 

16 budgetary effects of this Act shall not be entered on either 

17 PAYGO scorecard maintained pursuant to section 4(d) of 

18 the Statutory Pay-As-You-Go Act of 2010. 

19 (b) SENATE PAYGO SCORECARDS.—The budgetary 

20 effects of this Act shall not be entered on any PAYGO 

21 scorecard maintained for purposes of section 201 of S. 

22 Con. Res. 21 (110th Congress). 

Passed the House of Representatives July 17, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 477 

113TH CONGRESS 

2D SESSION H. R. 4719 

AN ACT 

To amend the Internal Revenue Code of 1986 to 

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

JULY 23, 2014 

Read the second time and placed on the calendar 


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