Taxpayer Certainty and Disaster Tax Relief Act of 2019

To amend the Internal Revenue Code of 1986 to extend certain expiring provisions, to provide disaster relief, and for other purposes. 1. Short title; etc (a) Short title This Act may be cited as the Taxpayer Certainty and Disaster Tax Relief Act of 2019 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; etc. Title I—Extension of certain expiring provisions Subtitle A—Tax Relief and Support for Families and Individuals Sec. 101. Exclusion from gross income of discharge of qualified principal residence indebtedness. Sec. 102. Treatment of mortgage insurance premiums as qualified residence interest. Sec. 103. Reduction in medical expense deduction floor. Sec. 104. Deduction of qualified tuition and related expenses. Sec. 105. Black lung disability trust fund excise tax. Subtitle B—Incentives for Employment, Economic Growth, and Community Development Sec. 111. Indian employment credit. Sec. 112. Railroad track maintenance credit. Sec. 113. Mine rescue team training credit. Sec. 114. 7-year recovery period for motorsports entertainment complexes. Sec. 115. Accelerated depreciation for business property on Indian reservations. Sec. 116. Expensing rules for certain productions. Sec. 117. Empowerment zone tax incentives. Sec. 118. American Samoa economic development credit. Subtitle C—Incentives for Energy Production, Efficiency, and Green Economy Jobs Sec. 121. Biodiesel and renewable diesel. Sec. 122. Second generation biofuel producer credit. Sec. 123. Nonbusiness energy property. Sec. 124. Qualified fuel cell motor vehicles. Sec. 125. Alternative fuel refueling property credit. Sec. 126. 2-wheeled plug-in electric vehicle credit. Sec. 127. Credit for electricity produced from certain renewable resources. Sec. 128. Production credit for Indian coal facilities. Sec. 129. Energy efficient homes credit. Sec. 130. Special allowance for second generation biofuel plant property. Sec. 131. Energy efficient commercial buildings deduction. Sec. 132. Special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities. Sec. 133. Extension and clarification of excise tax credits relating to alternative fuels. Sec. 134. Oil spill liability trust fund rate. Subtitle D—Certain provisions expiring at the end of 2019 Sec. 141. New markets tax credit. Sec. 142. Employer credit for paid family and medical leave. Sec. 143. Work opportunity credit. Sec. 144. Certain provisions related to beer, wine, and distilled spirits. Sec. 145. Look-thru rule for related controlled foreign corporations. Sec. 146. Credit for health insurance costs of eligible individuals. Title II—Estate and Gift Tax Sec. 201. Reduction of unified credit against estate tax. Title III—Disaster tax relief Sec. 301. Definitions. Sec. 302. Special disaster-related rules for use of retirement funds. Sec. 303. Employee retention credit for employers affected by qualified disasters. Sec. 304. Other disaster-related tax relief provisions. Sec. 305. Automatic extension of filing deadlines in case of certain taxpayers affected by Federally declared disasters. Sec. 306. Modification of the tax rate for the excise tax on investment income of private foundations. Sec. 307. Additional low-income housing credit allocations for qualified 2017 and 2018 California disaster areas. Sec. 308. Treatment of certain possessions. (c) Amendment of 1986 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. I Extension of certain expiring provisions A Tax Relief and Support for Families and Individuals 101. Exclusion from gross income of discharge of qualified principal residence indebtedness (a) In general Section 108(a)(1)(E) January 1, 2018 January 1, 2021 (b) Conforming amendment Section 108(h)(2) and determined without regard to the substitution described in section 163(h)(3)(F)(i)(II) clause (ii) thereof (c) Effective date The amendments made by this section shall apply to discharges of indebtedness after December 31, 2017. 102. Treatment of mortgage insurance premiums as qualified residence interest (a) In general Section 163(h)(3)(E)(iv)(I) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2017. 103. Reduction in medical expense deduction floor (a) In general Section 213(f) (f) Temporary special rule In the case of taxable years beginning before January 1, 2021, subsection (a) shall be applied with respect to a taxpayer by substituting 7.5 percent 10 percent . (b) Alternative minimum tax Section 56(b)(1) (c) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2018. 104. Deduction of qualified tuition and related expenses (a) In general Section 222(e) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2017. 105. Black lung disability trust fund excise tax (a) In general Section 4121(e)(2)(A) December 31, 2018 December 31, 2020 (b) Effective date The amendment made by this section shall apply on and after the first day of the first calendar month beginning after the date of the enactment of this Act. B Incentives for Employment, Economic Growth, and Community Development 111. Indian employment credit (a) In general Section 45A(f) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2017. 112. Railroad track maintenance credit (a) In general Section 45G(f) January 1, 2018 January 1, 2021 (b) Safe harbor assignments Any assignment, including related expenditures paid or incurred, under section 45G(b)(2) (c) Effective date The amendment made by this section shall apply to expenditures paid or incurred during taxable years beginning after December 31, 2017. 113. Mine rescue team training credit (a) In general Section 45N(e) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2017. 114. 7-year recovery period for motorsports entertainment complexes (a) In general Section 168(i)(15)(D) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2017. 115. Accelerated depreciation for business property on Indian reservations (a) In general Section 168(j)(9) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2017. 116. Expensing rules for certain productions (a) In general Section 181(g) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to productions commencing after December 31, 2017. 117. Empowerment zone tax incentives (a) In general Section 1391(d)(1)(A)(i) December 31, 2017 December 31, 2020 (b) Treatment of certain termination dates specified in nominations In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) (c) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2017. 118. American Samoa economic development credit (a) In general Section 119(d) of division A of the Tax Relief and Health Care Act of 2006 is amended— (1) by striking January 1, 2018 January 1, 2021 (2) by striking first 12 taxable years first 15 taxable years (3) by striking first 6 taxable years first 9 taxable years (4) by adding at the end the following flush sentence: In the case of a corporation described in subsection (a)(2), the Internal Revenue Code of 1986 shall be applied and administered without regard to the amendments made by section 401(d)(1) of the Tax Technical Corrections Act of 2018. . (b) Conforming amendment Section 119(e) of division A of the Tax Relief and Health Care Act of 2006 is amended by inserting (as in effect before its repeal) section 199 of the Internal Revenue Code of 1986 (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2017. C Incentives for Energy Production, Efficiency, and Green Economy Jobs 121. Biodiesel and renewable diesel (a) Income tax credit (1) In general Section 40A(g) December 31, 2017 December 31, 2020 (2) Effective date The amendment made by this subsection shall apply to fuel sold or used after December 31, 2017. (b) Excise tax incentives (1) Termination (A) In general Section 6426(c)(6) December 31, 2017 December 31, 2020 (B) Payments Section 6427(e)(6)(B) December 31, 2017 December 31, 2020 (2) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2017. (3) Special rule Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) 122. Second generation biofuel producer credit (a) In general Section 40(b)(6)(J)(i) January 1, 2018 January 1, 2021 (b) Effective date The amendment made by this section shall apply to qualified second generation biofuel production after December 31, 2017. 123. Nonbusiness energy property (a) In general Section 25C(g)(2) December 31, 2017 December 31, 2020 (b) Technical amendment Section 25C(d)(3) (1) by striking an energy factor of at least 2.0 a Uniform Energy Factor of at least 2.2 (2) by striking an energy factor a Uniform Energy Factor (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2017. 124. Qualified fuel cell motor vehicles (a) In general Section 30B(k)(1) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to property purchased after December 31, 2017. 125. Alternative fuel refueling property credit (a) In general Section 30C(g) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2017. 126. 2-wheeled plug-in electric vehicle credit (a) In general Section 30D(g)(3)(E)(ii) January 1, 2018 January 1, 2021 (b) Effective date The amendment made by this section shall apply to vehicles acquired after December 31, 2017. 127. Credit for electricity produced from certain renewable resources (a) In general The following provisions of section 45(d) are each amended by striking January 1, 2018 January 1, 2021 (1) Paragraph (2)(A). (2) Paragraph (3)(A). (3) Paragraph (4)(B). (4) Paragraph (6). (5) Paragraph (7). (6) Paragraph (9). (7) Paragraph (11)(B). (b) Extension of election to treat qualified facilities as energy property Section 48(a)(5)(C)(ii) January 1, 2018 (January 1, 2020, in the case of any facility which is described in paragraph (1) of section 45(d)) January 1, 2021 (c) Application of extension to wind facilities (1) In general Section 45(d)(1) January 1, 2020 January 1, 2021 (2) Application of phaseout percentage Sections 45(b)(5)(C) 48(a)(5)(E)(iii) and before January 1, 2020, (d) Effective date The amendments made by this section shall take effect on January 1, 2018. 128. Production credit for Indian coal facilities (a) In general Section 45(e)(10)(A) 12-year period 15-year period (b) Effective date The amendment made by this section shall apply to coal produced after December 31, 2017. 129. Energy efficient homes credit (a) In general Section 45L(g) December 31, 2017 December 31, 2020 (b) Effective date The amendment made by this section shall apply to homes acquired after December 31, 2017. 130. Special allowance for second generation biofuel plant property (a) In general Section 168(l)(2)(D) January 1, 2018 January 1, 2021 (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2017. 131. Energy efficient commercial buildings deduction (a) In general Section 179D(h) December 31, 2017 December 31, 2020 (b) Effective dates The amendment made by subsection (a) shall apply to property placed in service after December 31, 2017. 132. Special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities (a) In general Section 451(k)(3) January 1, 2018 January 1, 2021 (b) Effective date The amendment made by this section shall apply to dispositions after December 31, 2017. 133. Extension and clarification of excise tax credits relating to alternative fuels (a) Extension (1) In general Sections 6426(d)(5) 6426(e)(3) December 31, 2017 December 31, 2020 (2) Outlay payments for alternative fuels Section 6427(e)(6)(C) December 31, 2017 December 31, 2020 (3) Special rule Notwithstanding any other provision of law, in the case of any alternative fuel credit properly determined under section 6426(d) (4) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2017. (b) Clarification of rules regarding alternative fuel mixture credit (1) In general Paragraph (2) of section 6426(e) mixture of alternative fuel mixture of alternative fuel (other than a fuel described in subparagraph (A), (C), or (F) of subsection (d)(2)) (2) Effective date The amendment made by this section shall apply to— (A) fuel sold or used on or after the date of the enactment of this Act, and (B) fuel sold or used before such date of enactment, but only to the extent that credits and claims of credit under section 6426(e) 134. Oil spill liability trust fund rate (a) In general Section 4611(f)(2) December 31, 2018 December 31, 2020 (b) Effective date The amendment made by this section shall apply on and after the first day of the first calendar month beginning after the date of the enactment of this Act. D Certain provisions expiring at the end of 2019 141. New markets tax credit (a) In general Section 45D(f)(1) and , and (H) $5,000,000,000 for 2020. . (b) Carryover of unused limitation Section 45D(f)(3) 2024 2025 (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2019. 142. Employer credit for paid family and medical leave (a) In general Section 45S(i) December 31, 2019 December 31, 2020 (b) Effective date The amendment made by this section shall apply to wages paid in taxable years beginning after December 31, 2019. 143. Work opportunity credit (a) In general Section 51(c)(4) December 31, 2019 December 31, 2020 (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2019. 144. Certain provisions related to beer, wine, and distilled spirits (a) Exemption for aging process of beer, wine, and distilled spirits (1) In general Section 263A(f)(4)(B) December 31, 2019 December 31, 2020 (2) Effective date The amendment made by this subsection shall apply to interest costs paid or accrued after December 31, 2019. (b) Reduced rate of excise tax on beer (1) In general Paragraphs (1)(C) and (2)(A) of section 5051(a) are each amended by striking January 1, 2020 January 1, 2021 (2) Effective date The amendments made by this subsection shall apply to beer removed after December 31, 2019. (c) Transfer of beer between bonded facilities (1) In general Section 5414(b)(3) December 31, 2019 December 31, 2020 (2) Effective date The amendment made by this subsection shall apply to calendar quarters beginning after December 31, 2019. (d) Reduced rate of excise tax on certain wine (1) In general Section 5041(c)(8)(A) January 1, 2020 January 1, 2021 (2) Conforming amendment The heading of section 5041(c)(8) Special rule for 2018 2019 Temporary special rule (3) Effective date The amendments made by this subsection shall apply to wine removed after December 31, 2019. (e) Adjustment of alcohol content level for application of excise taxes (1) In general Paragraphs (1) and (2) of section 5041(b) are each amended by striking January 1, 2020 January 1, 2021 (2) Effective date The amendments made by this subsection shall apply to wine removed after December 31, 2019. (f) Definition of mead and low alcohol by volume wine (1) In general Section 5041(h)(3) December 31, 2019 December 31, 2020 (2) Effective date The amendment made by this subsection shall apply to wine removed after December 31, 2019. (g) Reduced rate of excise tax on certain distilled spirits (1) In general Section 5001(c)(4) December 31, 2019 December 31, 2020 (2) Conforming amendment The heading of section 5001(c) Reduced rate for 2018 2019 Temporary reduced rate (3) Effective date The amendments made by this subsection shall apply to distilled spirits removed after December 31, 2019. (h) Bulk distilled spirits (1) In general Section 5212 January 1, 2020 January 1, 2021 (2) Effective date The amendment made by this subsection shall apply to distilled spirits transferred in bond after December 31, 2019. (i) Simplification of rules regarding records, statements, and returns (1) In general Section 5555(a) January 1, 2020 January 1, 2021 (2) Effective date The amendment made by this subsection shall apply to calendar quarters beginning after December 31, 2019. 145. Look-thru rule for related controlled foreign corporations (a) In general Section 954(c)(6)(C) January 1, 2020 January 1, 2021 (b) Effective date The amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2019, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. 146. Credit for health insurance costs of eligible individuals (a) In general Section 35(b)(1)(B) January 1, 2020 January 1, 2021 (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2019. II Estate and Gift Tax 201. Reduction of unified credit against estate tax (a) In general Section 2010(c)(3)(C) January 1, 2026 January 1, 2023 (b) Effective date The amendment made by this section shall apply to estates of decedents dying and gifts made after December 31, 2022. III Disaster tax relief 301. Definitions For purposes of this title— (1) Qualified disaster area (A) In general The term qualified disaster area (B) Denial of double benefit Such term shall not include the California wildfire disaster area (as defined in section 20101 of subdivision 2 of division B of the Bipartisan Budget Act of 2018). (2) Qualified disaster zone The term qualified disaster zone (3) Qualified disaster The term qualified disaster (4) Incident period The term incident period 302. Special disaster-related rules for use of retirement funds (a) Tax-favored withdrawals from retirement plans (1) In general Section 72(t) (2) Aggregate dollar limitation (A) In general For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster distributions for any taxable year shall not exceed the excess (if any) of— (i) $100,000, over (ii) the aggregate amounts treated as qualified disaster distributions received by such individual for all prior taxable years. (B) Treatment of plan distributions If a distribution to an individual would (without regard to subparagraph (A)) be a qualified disaster distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified disaster distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (C) Controlled group For purposes of subparagraph (B), the term controlled group section 414 (D) Special rule for individuals affected by more than one disaster The limitation of subparagraph (A) shall be applied separately with respect to distributions made with respect to each qualified disaster. (3) Amount distributed may be repaid (A) In general Any individual who receives a qualified disaster distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make 1 or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue Code of 1986, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than IRAs For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments of distributions from IRAs For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified disaster distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Definitions For purposes of this subsection— (A) Qualified disaster distribution Except as provided in paragraph (2), the term qualified disaster distribution (i) on or after the first day of the incident period of a qualified disaster and before the date which is 180 days after the date of the enactment of this Act, and (ii) to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster. (B) Eligible retirement plan The term eligible retirement plan section 402(c)(8)(B) (5) Income inclusion spread over 3-year period (A) In general In the case of any qualified disaster distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable-year period beginning with such taxable year. (B) Special rule For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) (6) Special rules (A) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified disaster distributions shall not be treated as eligible rollover distributions. (B) Qualified disaster distributions treated as meeting plan distribution requirements For purposes the Internal Revenue Code of 1986, a qualified disaster distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code. (b) Recontributions of withdrawals for home purchases (1) Recontributions (A) In general Any individual who received a qualified distribution may, during the applicable period, make 1 or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B) (B) Treatment of repayments Rules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection. (2) Qualified distribution For purposes of this subsection, the term qualified distribution (A) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986, (B) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and (C) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. (3) Applicable period For purposes of this subsection, the term applicable period (c) Loans from qualified plans (1) Increase in limit on loans not treated as distributions In the case of any loan from a qualified employer plan (as defined under section 72(p)(4) (A) clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting $100,000 $50,000 (B) clause (ii) of such section shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan (2) Delay of repayment In the case of a qualified individual (with respect to any qualified disaster) with an outstanding loan (on or after the first day of the incident period of such qualified disaster) from a qualified employer plan (as defined in section 72(p)(4) (A) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) of such Code for any repayment with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date shall be delayed for 1 year (or, if later, until the date which is 180 days after the date of the enactment of this Act), (B) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under subparagraph (A) and any interest accruing during such delay, and (C) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2) of such Code, the period described in subparagraph (A) of this paragraph shall be disregarded. (3) Qualified individual For purposes of this subsection, the term qualified individual (A) whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and (B) who has sustained an economic loss by reason of such qualified disaster. (d) Provisions relating to plan amendments (1) In general If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies (A) In general This subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2020, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions This subsection shall not apply to any amendment unless— (i) during the period— (I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period. 303. Employee retention credit for employers affected by qualified disasters (a) In general For purposes of section 38 (b) Definitions For purposes of this section— (1) Eligible employer The term eligible employer (A) which conducted an active trade or business in a qualified disaster zone at any time during the incident period of the qualified disaster with respect to such qualified disaster zone, and (B) with respect to whom the trade or business described in subparagraph (A) is inoperable at any time during the period beginning on the first day of the incident period of such qualified disaster and ending on the date of the enactment of this Act, as a result of damage sustained by reason of such qualified disaster. (2) Eligible employee The term eligible employee (3) Qualified wages The term qualified wages section 51(c)(1) (A) the date on which such trade or business has resumed significant operations at such principal place of employment, or (B) the date which 150 days after the last day of the incident period of the qualified disaster referred to in paragraph (1). Such term shall include wages paid without regard to whether the employee performs no services, performs services at a different place of employment than such principal place of employment, or performs services at such principal place of employment before significant operations have resumed. (c) Certain rules to apply For purposes of this subsection, rules similar to the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986, shall apply. (d) Employee not taken into account more than once An employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section 51 304. Other disaster-related tax relief provisions (a) Temporary increase in limitation on qualified contributions (1) Suspension of current limitation Except as otherwise provided in paragraph (2), qualified contributions shall be disregarded in applying subsections (b) and (d) of section 170 (2) Application of increased limitation For purposes of section 170 (A) Individuals In the case of an individual— (i) Limitation Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base (as defined in subparagraph (H) of section 170(b)(1) of such Code) over the amount of all other charitable contributions allowed under section 170(b)(1) of such Code. (ii) Carryover If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds the limitation of clause (i), such excess shall be added to the excess described in section 170(b)(1)(G)(ii). (B) Corporations In the case of a corporation— (i) Limitation Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer’s taxable income (as determined under paragraph (2) of section 170(b) of such Code) over the amount of all other charitable contributions allowed under such paragraph. (ii) Carryover If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(2) of such Code) exceeds the limitation of clause (i), such excess shall be appropriately taken into account under section 170(d)(2) subject to the limitations thereof. (3) Qualified contributions (A) In general For purposes of this subsection, the term qualified contribution section 170(c) (i) such contribution— (I) is paid, during the period beginning on January 1, 2018, and ending on the date which is 60 days after the date of the enactment of this Act, in cash to an organization described in section 170(b)(1)(A) of such Code, and (II) is made for relief efforts in one or more qualified disaster areas, (ii) the taxpayer obtains from such organization contemporaneous written acknowledgment (within the meaning of section 170(f)(8) of such Code) that such contribution was used (or is to be used) for relief efforts described in clause (i)(II), and (iii) the taxpayer has elected the application of this subsection with respect to such contribution. (B) Exception Such term shall not include a contribution by a donor if the contribution is— (i) to an organization described in section 509(a)(3) (ii) for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2) of such Code). (C) Application of election to partnerships and S corporations In the case of a partnership or S corporation, the election under subparagraph (A)(iii) shall be made separately by each partner or shareholder. (b) Special rules for qualified disaster-related personal casualty losses (1) In general If an individual has a net disaster loss for any taxable year— (A) the amount determined under section 165(h)(2)(A)(ii) (i) such net disaster loss, and (ii) so much of the excess referred to in the matter preceding clause (i) of section 165(h)(2)(A) of such Code (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual, (B) section 165(h)(1) of such Code shall be applied by substituting $500 $500 ($100 for taxable years beginning after December 31, 2009) (C) the standard deduction determined under section 63(c) of such Code shall be increased by the net disaster loss, and (D) section 56(b)(1)(E) of such Code shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph (C) of this paragraph. (2) Net disaster loss For purposes of this subsection, the term net disaster loss section 165(h)(3)(A) (3) Qualified disaster-related personal casualty losses For purposes of this subsection, the term qualified disaster-related personal casualty losses section 165(c)(3) (c) Special rule for determining earned income (1) In general In the case of a qualified individual, if the earned income of the taxpayer for the applicable taxable year is less than the earned income of the taxpayer for the preceding taxable year, the credits allowed under sections 24(d) and 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting— (A) such earned income for the preceding taxable year, for (B) such earned income for the applicable taxable year. (2) Qualified individual For purposes of this subsection— (A) In general The term qualified individual (i) in the qualified disaster zone with respect to such qualified disaster, or (ii) in the qualified disaster area with respect to such qualified disaster (but outside the qualified disaster zone with respect to such qualified disaster) and such individual was displaced from such principal place of abode by reason of such qualified disaster. (B) Hurricane Sandy The term qualified individual (i) in that portion of the area described in clause (ii) which was determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Sandy, or (ii) in the area with respect to which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Sandy and such individual was displaced from such principal place of abode by reason of Hurricane Sandy. (3) Applicable taxable year The term applicable taxable year (A) in the case of a qualified individual other than an individual described in subparagraph (B), any taxable year which includes any portion of the incident period of the qualified disaster to which the qualified disaster area referred to in paragraph (2)(A) relates, or (B) in the case of a qualified individual described in subparagraph (B) of paragraph (2), any taxable year which includes any portion of the period described in such subparagraph. (4) Earned income For purposes of this subsection, the term earned income section 32(c) (5) Special rules (A) Application to joint returns For purposes of paragraph (1), in the case of a joint return for an applicable taxable year— (i) such paragraph shall apply if either spouse is a qualified individual, and (ii) the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year. (B) Uniform application of election Any election made under paragraph (1) shall apply with respect to both sections 24(d) and 32 of the Internal Revenue Code of 1986. (C) Errors treated as mathematical error For purposes of section 6213 (D) No effect on determination of gross income, etc Except as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under paragraph (1). (E) Extension of period of limitation for certain individuals affected by Hurricane Sandy (i) In general In the case of an individual described in paragraph (2)(B), the period of limitation prescribed by section 6511(a) (ii) Amendments, etc. restricted to changes to earned income Clause (i) shall apply only with respect to amendments to the return of tax, and claims for credit or refund, relating to a change in the earned income of the individual. 305. Automatic extension of filing deadlines in case of certain taxpayers affected by Federally declared disasters (a) In general Section 7508A (d) Mandatory 60-day extension (1) In general In the case of any qualified taxpayer, the period— (A) beginning on the earliest incident date specified in the declaration to which the disaster area referred to in paragraph (2) relates, and (B) ending on the date which is 60 days after the latest incident date so specified, shall be disregarded in the same manner as a period specified under subsection (a). (2) Qualified taxpayer For purposes of this subsection, the term qualified taxpayer (A) any individual whose principal residence (for purposes of section 1033(h)(4)) is located in a disaster area, (B) any taxpayer if the taxpayer’s principal place of business (other than the business of performing services as an employee) is located in a disaster area, (C) any individual who is a relief worker affiliated with a recognized government or philanthropic organization and who is assisting in a disaster area, (D) any taxpayer whose records necessary to meet a deadline for an act described in section 7508(a)(1) are maintained in a disaster area, (E) any individual visiting a disaster area who was killed or injured as a result of the disaster, and (F) solely with respect to a joint return, any spouse of an individual described in any preceding subparagraph of this paragraph. (3) Disaster area For purposes of this subsection, the term disaster area (4) Application to rules regarding pensions In the case of any person described in subsection (b), a rule similar to the rule of paragraph (1) shall apply for purposes of subsection (b) with respect to— (A) making contributions to a qualified retirement plan (within the meaning of section 4974(c)) under section 219(f)(3), 404(a)(6), 404(h)(1)(B), or 404(m)(2), (B) making distributions under section 408(d)(4), (C) recharacterizing contributions under section 408A(d)(6), and (D) making a rollover under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3). (5) Coordination with periods specified by the Secretary Any period described in paragraph (1) with respect to any person (including by reason of the application of paragraph (4)) shall be in addition to (or concurrent with, as the case may be) any period specified under subsection (a) or (b) with respect to such person. . (b) Effective date The amendment made by this section shall apply to federally declared disasters declared after the date of the enactment of this Act. 306. Modification of the tax rate for the excise tax on investment income of private foundations (a) In general Section 4940(a) 2 percent 1.39 percent (b) Elimination of reduced tax where foundation meets certain distribution requirements Section 4940 of such Code is amended by striking subsection (e). (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 307. Additional low-income housing credit allocations for qualified 2017 and 2018 California disaster areas (a) In general For purposes of section 42 (1) the aggregate housing credit dollar amount allocated by the State housing credit agencies of California for such calendar year to buildings located in qualified 2017 and 2018 California disaster areas, or (2) 50 percent of the sum of the State housing credit ceilings for California for calendar years 2017 and 2018. (b) Allocations treated as made first from additional allocation for purposes of determining carryover For purposes of determining the unused State housing credit ceiling for any calendar year under section 42(h)(3)(C) (c) Definitions For purposes of this section— (1) Qualified 2017 and 2018 California disaster areas The term qualified 2017 and 2018 California disaster areas incident period (2) Other definitions Terms used in this section which are also used in section 42 308. Treatment of certain possessions (a) Payments to possessions with mirror code tax systems The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this title. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (b) Payments to other possessions The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this title if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (c) Mirror code tax system For purposes of this section, the term mirror code tax system (d) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. January 21, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Taxpayer Certainty and Disaster Tax Relief Act of 2019 This bill extends certain individual and business-related tax provisions, provides tax incentives for energy production and green economy jobs, eliminates the increase in the estate and gift tax unified credit after 2022, and provides disaster tax relief.