In the Senate of the United States,

March 24 (legislative day, March 23), 1995.

Resolved, That the bill from the House of Representatives (H.R. 831) entitled ‘‘An Act to amend the Internal Revenue Code of 1986 to permanently extend the deduction for

the health insurance costs of self-employed individuals, to repeal the provision permitting nonrecognition of gain on sales

and exchanges effectuating policies of the Federal Communications Commission, and for other purposes’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. PERMANENT EXTENSION AND INCREASE OF DE2 DUCTION FOR HEALTH INSURANCE COSTS OF

3 SELF-EMPLOYED INDIVIDUALS.

4 (a) PERMANENT EXTENSION.—Subsection (l) of sec5 tion 162 of the Internal Revenue Code of 1986 (relating to

6 special rules for health insurance costs of self-employed in7 dividuals) is amended by striking paragraph (6).
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1 (b) INCREASE IN DEDUCTION.—Paragraph (1) of sec2 tion 162(l) of the Internal Revenue Code of 1986 is amended

3 by striking ‘‘25 percent’’ and inserting ‘‘30 percent’’.

4 (c) EFFECTIVE DATES.—

5 (1) EXTENSION.—The amendment made by sub6 section (a) shall apply to taxable years beginning

7 after December 31, 1993.

8 (2) INCREASE.—The amendment made by sub9 section (b) shall apply to taxable years beginning

10 after December 31, 1994.

11 SEC. 2. REPEAL OF NONRECOGNITION ON FCC CERTIFIED

12 SALES AND EXCHANGES.

13 (a) IN GENERAL.—Subchapter O of chapter 1 of the

14 Internal Revenue Code of 1986 is amended by striking part

15 V (relating to changes to effectuate FCC policy).

16 (b) CONFORMING AMENDMENTS.—Sections 1245(b)(5)

17 and 1250(d)(5) of the Internal Revenue Code of 1986 are

18 each amended—

19 (1) by striking ‘‘section 1071 (relating to gain

20 from sale or exchange to effectuate polices of FCC)

21 or’’, and

22 (2) by striking ‘‘1071 AND’’ in the heading there23 of.
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1 (c) CLERICAL AMENDMENT.—The table of parts for

2 such subchapter O is amended by striking the item relating

3 to part V.

4 (d) EFFECTIVE DATE.—

5 (1) IN GENERAL.—The amendments made by

6 this section shall apply to—

7 (A) sales and exchanges on or after January

8 17, 1995, and

9 (B) sales and exchanges before such date if

10 the FCC tax certificate with respect to such sale

11 or exchange is issued on or after such date.

12 (2) BINDING CONTRACTS.—

13 (A) IN GENERAL.—The amendments made

14 by this section shall not apply to any sale or ex15 change pursuant to a written contract which was

16 binding on January 16, 1995, and at all times

17 thereafter before the sale or exchange, if the FCC

18 tax certificate with respect to such sale or ex19 change was applied for, or issued, on or before

20 such date.

21 (B) SALES CONTINGENT ON ISSUANCE OF

22 CERTIFICATE.—A contract shall be treated as not

23 binding for purposes of subparagraph (A) if the

24 sale or exchange pursuant to such contract, or

25 the material terms of such contract, were contin-
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1 gent, at any time on January 16, 1995, on the

2 issuance of an FCC tax certificate. The preceding

3 sentence shall not apply if the FCC tax certifi4 cate for such sale or exchange is issued on or be5 fore January 16, 1995.

6 (3) FCC TAX CERTIFICATE.—For purposes of

7 this subsection, the term ‘‘FCC tax certificate’’ means

8 any certificate of the Federal Communications Com9 mission for the effectuation of section 1071 of the In10 ternal Revenue Code of 1986 (as in effect on the day

11 before the date of the enactment of this Act).

12 SEC. 3. SPECIAL RULES RELATING TO INVOLUNTARY CON13 VERSIONS.

14 (a) REPLACEMENT PROPERTY ACQUIRED BY COR15 PORATIONS FROM RELATED PERSONS.—

16 (1) IN GENERAL.—Section 1033 of the Internal

17 Revenue Code of 1986 (relating to involuntary conver18 sions) is amended by redesignating subsection (i) as

19 subsection (j) and by inserting after subsection (h) the

20 following new subsection:

21 ‘‘(i) NONRECOGNITION NOT TO APPLY IF CORPORA22 TION ACQUIRES REPLACEMENT PROPERTY FROM RELATED

23 PERSON.—

24 ‘‘(1) IN GENERAL.—In the case of a C corpora25 tion, subsection (a) shall not apply if the replacement
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1 property or stock is acquired from a related person.

2 The preceding sentence shall not apply to the extent

3 that the related person acquired the replacement prop4 erty or stock from an unrelated person during the pe5 riod described in subsection (a)(2)(B).

6 ‘‘(2) RELATED PERSON.—For purposes of this

7 subsection, a person is related to another person if the

8 person bears a relationship to the other person de9 scribed in section 267(b) or 707(b)(1).’’

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

11 paragraph (1) shall apply to involuntary conversions

12 occurring on or after February 6, 1995.

13 (b) APPLICATION OF SECTION 1033 TO CERTAIN SALES

14 REQUIRED FOR MICROWAVE RELOCATION.—

15 (1) IN GENERAL.—Section 1033 of the Internal

16 Revenue Code of 1986 (relating to involuntary conver17 sions), as amended by subsection (a), is amended by

18 redesignating subsection (j) as subsection (k) and by

19 inserting after subsection (i) the following new sub20 section:

21 ‘‘(j) SALES OR EXCHANGES TO IMPLEMENT MICRO22 WAVE RELOCATION POLICY.—

23 ‘‘(1) IN GENERAL.—For purposes of this subtitle,

24 if a taxpayer elects the application of this subsection

25 to a qualified sale or exchange, such sale or exchange
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1 shall be treated as an involuntary conversion to which

2 this section applies.

3 ‘‘(2) QUALIFIED SALE OR EXCHANGE.—For pur4 poses of paragraph (1), the term ‘qualified sale or ex5 change’ means a sale or exchange before January 1,

6 2000, which is certified by the Federal Communica7 tions Commission as having been made by a taxpayer

8 in connection with the relocation of the taxpayer from

9 the 1850–1990MHz spectrum by reason of the Federal

10 Communications Commission’s reallocation of that

11 spectrum for use for personal communications serv12 ices. The Commission shall transmit copies of certifi13 cations under this paragraph to the Secretary.’’

14 (2) EFFECTIVE DATE.—The amendment made by

15 paragraph (1) shall apply to sales or exchanges after

16 March 14, 1995.

17 SEC. 4. DENIAL OF EARNED INCOME CREDIT FOR INDIVID18 UALS HAVING MORE THAN $2,450 OF INVEST19 MENT INCOME.

20 (a) IN GENERAL.—Section 32 of the Internal Revenue

21 Code of 1986 is amended by redesignating subsections (i)

22 and (j) as subsections (j) and (k), respectively, and by in23 serting after subsection (h) the following new subsection:

24 ‘‘(i) DENIAL OF CREDIT FOR INDIVIDUALS HAVING

25 MORE THAN $2,450 OF INVESTMENT INCOME.—
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1 ‘‘(1) IN GENERAL.—No credit shall be allowed

2 under subsection (a) for the taxable year if the aggre3 gate amount of disqualified income of the taxpayer

4 for the taxable year exceeds $2,450.

5 ‘‘(2) DISQUALIFIED INCOME.—For purposes of

6 paragraph (1), the term ‘disqualified income’

7 means—

8 ‘‘(A) interest which is received or accrued

9 during the taxable year (whether or not exempt

10 from tax),

11 ‘‘(B) dividends to the extent includible in

12 gross income for the taxable year, and

13 ‘‘(C) the excess (if any) of—

14 ‘‘(i) gross income from rents or royal15 ties not derived in the ordinary course of a

16 trade or business, over

17 ‘‘(ii) the sum of—

18 ‘‘(I) expenses (other than interest)

19 which are clearly and directly allocable

20 to such gross income, plus

21 ‘‘(II) interest expenses properly

22 allocable to such gross income.’’

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

24 section shall apply to taxable years beginning after Decem25 ber 31, 1995.
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1 SEC. 5. REVISION OF TAX RULES ON EXPATRIATION.

2 (a) IN GENERAL.—Subpart A of part II of subchapter

3 N of chapter 1 of the Internal Revenue Code of 1986 is

4 amended by inserting after section 877 the following new

5 section:

6 ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

7 ‘‘(a) GENERAL RULE.—For purposes of this subtitle,

8 if any United States citizen relinquishes his citizenship

9 during a taxable year—

10 ‘‘(1) except as provided in subsection (f)(2), all

11 property held by such citizen at the time immediately

12 before such relinquishment shall be treated as sold at

13 such time for its fair market value, and

14 ‘‘(2) notwithstanding any other provision of this

15 title, any gain or loss shall be taken into account for

16 such taxable year.

17 Paragraph (2) shall not apply to amounts excluded from

18 gross income under part III of subchapter B.

19 ‘‘(b) EXCLUSION FOR CERTAIN GAIN.—The amount

20 which would (but for this subsection) be includible in the

21 gross income of any individual by reason of subsection (a)

22 shall be reduced (but not below zero) by $600,000.

23 ‘‘(c) PROPERTY TREATED AS HELD.—For purposes of

24 this section, except as otherwise provided by the Secretary,

25 an individual shall be treated as holding—
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1 ‘‘(1) all property which would be includible in

2 his gross estate under chapter 11 were such individual

3 to die at the time the property is treated as sold,

4 ‘‘(2) any other interest in a trust which the indi5 vidual is treated as holding under the rules of sub6 section (f)(1), and

7 ‘‘(3) any other interest in property specified by

8 the Secretary as necessary or appropriate to carry

9 out the purposes of this section.

10 ‘‘(d) EXCEPTIONS.—The following property shall not

11 be treated as sold for purposes of this section:

12 ‘‘(1) UNITED STATES REAL PROPERTY INTER13 ESTS.—Any United States real property interest (as

14 defined in section 897(c)(1)), other than stock of a

15 United States real property holding corporation

16 which does not, on the date the individual relin17 quishes his citizenship, meet the requirements of sec18 tion 897(c)(2).

19 ‘‘(2) INTEREST IN CERTAIN RETIREMENT

20 PLANS.—

21 ‘‘(A) IN GENERAL.—Any interest in a

22 qualified retirement plan (as defined in section

23 4974(c)), other than any interest attributable to

24 contributions which are in excess of any limita-
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1 tion or which violate any condition for tax2 favored treatment.

3 ‘‘(B) FOREIGN PENSION PLANS.—

4 ‘‘(i) IN GENERAL.—Under regulations

5 prescribed by the Secretary, interests in for6 eign pension plans or similar retirement

7 arrangements or programs.

8 ‘‘(ii) LIMITATION.—The value of prop9 erty which is treated as not sold by reason

10 of this subparagraph shall not exceed

11 $500,000.

12 ‘‘(e) RELINQUISHMENT OF CITIZENSHIP.—For pur13 poses of this section, a citizen shall be treated as relinquish14 ing his United States citizenship on the earliest of—

15 ‘‘(1) the date the individual renounces his

16 United States nationality before a diplomatic or con17 sular officer of the United States pursuant to para18 graph (5) of section 349(a) of the Immigration and

19 Nationality Act (8 U.S.C. 1481(a)(5)),

20 ‘‘(2) the date the individual furnishes to the

21 United States Department of State a signed statement

22 of voluntary relinquishment of United States nation23 ality confirming the performance of an act of expa24 triation specified in paragraph (1), (2), (3), or (4) of
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1 section 349(a) of the Immigration and Nationality

2 Act (8 U.S.C. 1481(a)(1)–(4)),

3 ‘‘(3) the date the United States Department of

4 State issues to the individual a certificate of loss of

5 nationality, or

6 ‘‘(4) the date a court of the United States cancels

7 a naturalized citizen’s certificate of naturalization.

8 Paragraph (1) or (2) shall not apply to any individual un9 less the renunciation or voluntary relinquishment is subse10 quently approved by the issuance to the individual of a cer11 tificate of loss of nationality by the United States Depart12 ment of State.

13 ‘‘(f) SPECIAL RULES APPLICABLE TO BENEFICIARIES’

14 INTERESTS IN TRUST.—

15 ‘‘(1) DETERMINATION OF BENEFICIARIES’ INTER16 EST IN TRUST.—For purposes of this section—

17 ‘‘(A) GENERAL RULE.—A beneficiary’s in18 terest in a trust shall be based upon all relevant

19 facts and circumstances, including the terms of

20 the trust instrument and any letter of wishes or

21 similar document, historical patterns of trust

22 distributions, and the existence of and functions

23 performed by a trust protector or any similar

24 advisor.
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1 ‘‘(B) SPECIAL RULE.—In the case of bene2 ficiaries whose interests in a trust cannot be de3 termined under subparagraph (A)—

4 ‘‘(i) the beneficiary having the closest

5 degree of kinship to the grantor shall be

6 treated as holding the remaining interests

7 in the trust not determined under subpara8 graph (A) to be held by any other bene9 ficiary, and

10 ‘‘(ii) if 2 or more beneficiaries have the

11 same degree of kinship to the grantor, such

12 remaining interests shall be treated as held

13 equally by such beneficiaries.

14 ‘‘(C) CONSTRUCTIVE OWNERSHIP.—If a ben15 eficiary of a trust is a corporation, partnership,

16 trust, or estate, the shareholders, partners, or

17 beneficiaries shall be deemed to be the trust bene18 ficiaries for purposes of this section.

19 ‘‘(D) TAXPAYER RETURN POSITION.—A tax20 payer shall clearly indicate on its income tax re21 turn—

22 ‘‘(i) the methodology used to determine

23 that taxpayer’s trust interest under this sec24 tion, and
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1 ‘‘(ii) if the taxpayer knows (or has rea2 son to know) that any other beneficiary of

3 such trust is using a different methodology

4 to determine such beneficiary’s trust interest

5 under this section.

6 ‘‘(2) DEEMED SALE IN CASE OF TRUST INTER7 EST.—If an individual who relinquishes his citizen8 ship during the taxable year is treated under para9 graph (1) as holding an interest in a trust for pur10 poses of this section—

11 ‘‘(A) the individual shall not be treated as

12 having sold such interest,

13 ‘‘(B) such interest shall be treated as a sep14 arate share in the trust, and

15 ‘‘(C)(i) such separate share shall be treated

16 as a separate trust consisting of the assets alloca17 ble to such share,

18 ‘‘(ii) the separate trust shall be treated as

19 having sold its assets immediately before the re20 linquishment for their fair market value and as

21 having distributed all of its assets to the individ22 ual as of such time, and

23 ‘‘(iii) the individual shall be treated as hav24 ing recontributed the assets to the separate trust.
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1 Subsection (a)(2) shall apply to any income, gain, or

2 loss of the individual arising from a distribution de3 scribed in subparagraph (B)(ii).

4 ‘‘(g) TERMINATION OF DEFERRALS, ETC.—On the date

5 any property held by an individual is treated as sold under

6 subsection (a), notwithstanding any other provision of this

7 title—

8 ‘‘(1) any period during which recognition of in9 come or gain is deferred shall terminate, and

10 ‘‘(2) any extension of time for payment of tax

11 shall cease to apply and the unpaid portion of such

12 tax shall be due and payable at the time and in the

13 manner prescribed by the Secretary.

14 ‘‘(h) RULES RELATING TO PAYMENT OF TAX.—

15 ‘‘(1) IMPOSITION OF TENTATIVE TAX.—

16 ‘‘(A) IN GENERAL.—If an individual is re17 quired to include any amount in gross income

18 under subsection (a) for any taxable year, there

19 is hereby imposed, immediately before the indi20 vidual relinquishes United States citizenship, a

21 tax in an amount equal to the amount of tax

22 which would be imposed if the taxable year were

23 a short taxable year ending on the date of such

24 relinquishment.
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1 ‘‘(B) DUE DATE.—The due date for any tax

2 imposed by subparagraph (A) shall be the 90th

3 day after the date the individual relinquishes

4 United States citizenship.

5 ‘‘(C) TREATMENT OF TAX.—Any tax paid

6 under subparagraph (A) shall be treated as a

7 payment of the tax imposed by this chapter for

8 the taxable year to which subsection (a) applies.

9 ‘‘(2) DEFERRAL OF TAX.—The provisions of sec10 tion 6161 shall apply to the portion of any tax attrib11 utable to amounts included in gross income under

12 subsection (a) in the same manner as if such portion

13 were a tax imposed by chapter 11.

14 ‘‘(i) REGULATIONS.—The Secretary shall prescribe

15 such regulations as may be necessary or appropriate to

16 carry out the purposes of this section, including regulations

17 providing appropriate adjustments to basis to reflect gain

18 recognized by reason of subsection (a) and the exclusion pro19 vided by subsection (b).

20 ‘‘(j) CROSS REFERENCE.—

‘‘For termination of United States citizenship for

tax purposes, see section 7701(a)(47).’’

21 (b) DEFINITION OF TERMINATION OF UNITED STATES

22 CITIZENSHIP.—Section 7701(a) of the Internal Revenue

23 Code of 1986 is amended by adding at the end the following

24 new paragraph:
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1 ‘‘(47) TERMINATION OF UNITED STATES CITIZEN2 SHIP.—An individual shall not cease to be treated as

3 a United States citizen before the date on which the

4 individual’s citizenship is treated as relinquished

5 under section 877A(e).’’

6 (c) CONFORMING AMENDMENT.—Section 877 of the In7 ternal Revenue Code of 1986 is amended by adding at the

8 end the following new subsection:

9 ‘‘(f) APPLICATION.—This section shall not apply to

10 any individual who relinquishes (within the meaning of

11 section 877A(e)) United States citizenship on and after Feb12 ruary 6, 1995.’’

13 (d) CLERICAL AMENDMENT.—The table of sections for

14 subpart A of part II of subchapter N of chapter 1 of the

15 Internal Revenue Code of 1986 is amended by inserting

16 after the item relating to section 877 the following new item:

‘‘Sec. 877A. Tax responsibilities of expatriation.’’

17 (e) EFFECTIVE DATE.—

18 (1) IN GENERAL.—The amendments made by

19 this section shall apply to United States citizens who

20 relinquish (within the meaning of section 877A(e) of

21 the Internal Revenue Code of 1986, as added by this

22 section) United States citizenship on or after Feb23 ruary 6, 1995.

24 (2) DUE DATE FOR TENTATIVE TAX.—The due

25 date under section 877A(h)(1)(B) of such Code shall
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1 in no event occur before the 90th day after the date

2 of the enactment of this Act.

Attest:

Secretary.
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104TH CONGRESS

1ST SESSION H. R. 831

AMENDMENT