113TH CONGRESS 

2D SESSION H. R. 4719 

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 2014’’. 

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 years in order of time. 

14 ‘‘(II) COORDINATION WITH OVER15 ALL CORPORATE LIMITATION.—In the 

16 case of any charitable contribution al17 lowable under clause (ii)(II), sub18 section (b)(2)(A) shall not apply to 

19 such contribution, but the limitation 

20 imposed by such subsection shall be 

21 reduced (but not below zero) by the 

22 aggregate amount of such contribu23 tions. For purposes of subsection 

24 (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 December 31, 2013, in taxable years ending after 

25 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 beginning after December 31, 2013. 

5 SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBU6 TIONS FROM INDIVIDUAL RETIREMENTS 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, 2013. 

15 SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION 

16 CONTRIBUTIONS MODIFIED AND MADE PER17 MANENT. 

18 (a) MADE PERMANENT.— 

19 (1) INDIVIDUALS.—Subparagraph (E) of sec20 tion 170(b)(1) of the Internal Revenue Code of 1986 

21 is amended by striking clause (vi). 

22 (2) CORPORATIONS.—Subparagraph (B) of sec23 tion 170(b)(2) of such Code is amended by striking 

24 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.—Paragraph (2) of section 

5 170(b) of the Internal Revenue Code of 1986 is 

6 amended by redesignating subparagraph (C) as sub7 paragraph (D), and by inserting after subparagraph 

8 (B) the following new subparagraph: 

9 ‘‘(C) QUALIFIED CONSERVATION CON10 TRIBUTIONS BY CERTAIN NATIVE CORPORA11 TIONS.— 

12 ‘‘(i) IN GENERAL.—Any qualified con13 servation contribution (as defined in sub14 section (h)(1)) which— 

15 ‘‘(I) is made by a Native Cor16 poration, and 

17 ‘‘(II) is a contribution of prop18 erty which was land conveyed under 

19 the Alaska Native Claims Settlement 

20 Act, 

21 shall be allowed to the extent that the ag22 gregate amount of such contributions does 

23 not exceed the excess of the taxpayer’s tax24 able income over the amount of charitable 
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1 contributions allowable under subpara2 graph (A). 

3 ‘‘(ii) CARRYOVER.—If the aggregate 

4 amount of contributions described in clause 

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

6 excess shall be treated (in a manner con7 sistent with the rules of subsection (d)(2)) 

8 as a charitable contribution to which clause 

9 (i) applies in each of the 15 succeeding 

10 years in order of time. 

11 ‘‘(iii) NATIVE CORPORATION.—For 

12 purposes of this subparagraph, the term 

13 ‘Native Corporation’ has the meaning 

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

15 Alaska Native Claims Settlement Act.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 170(b)(2)(A) of such Code is amended by striking 

18 ‘‘subparagraph (B) applies’’ and inserting ‘‘subpara19 graph (B) or (C) applies’’. 

20 (3) VALID EXISTING RIGHTS PRESERVED.— 

21 Nothing in this subsection (or any amendment made 

22 by this subsection) shall be construed to modify the 

23 existing property rights validly conveyed to Native 

24 Corporations (within the meaning of section 3(m) of 
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1 the Alaska Native Claims Settlement Act) under 

2 such Act. 

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

4 this section shall apply to contributions made in taxable 

5 years beginning after December 31, 2013. 

6 SEC. 5. EXTENSION OF TIME FOR MAKING CHARITABLE 

7 CONTRIBUTIONS. 

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

9 the Internal Revenue Code of 1986 is amended by redesig10 nating paragraphs (2) and (3) as paragraphs (3) and (4), 

11 respectively, and by inserting after paragraph (1) the fol12 lowing new paragraph: 

13 ‘‘(2) TREATMENT OF CHARITABLE CONTRIBU14 TIONS MADE BY INDIVIDUALS BEFORE DUE DATE OF

15 RETURN.—If any charitable contribution is made by 

16 an individual after the close of a taxable year but 

17 not later than the due date (determined without re18 gard to extensions) for the return of tax for such 

19 taxable year, then the taxpayer may elect to treat 

20 such charitable contribution as made in such taxable 

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

22 in such manner as the Secretary may provide. For 

23 purposes of this paragraph, an individual’s distribu24 tive share of a partnership’s charitable contribution, 

25 and an individual’s pro rata share of an S corpora-
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1 tion’s charitable contribution, shall not be treated as 

2 charitable contributions made by such individual.’’. 

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

4 this section shall apply to elections made with respect to 

5 taxable years beginning after December 31, 2013. 

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

7 TAX ON INVESTMENT INCOME OF PRIVATE 

8 FOUNDATIONS. 

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

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

11 and inserting ‘‘1 percent’’. 

12 (b) ELIMINATION OF REDUCED TAX WHERE FOUN13 DATION MEETS CERTAIN DISTRIBUTION REQUIRE14 MENTS.—Section 4940 of such Code is amended by strik15 ing subsection (e). 

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

17 this section shall apply to taxable years beginning after 

18 the date of the enactment of this Act. 

19 SEC. 7. BUDGETARY EFFECTS. 

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

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

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

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

24 (b) SENATE PAYGO SCORECARDS.—The budgetary 

25 effects of this Act shall not be entered on any PAYGO 
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1 scorecard maintained for purposes of section 201 of S. 

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

Passed the House of Representatives July 17, 2014. 

Attest: 

Clerk. 
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