I
103D CONGRESS
2D SESSION
H. R. 4879
To amend the Internal Revenue Code of 1986 to restore the 10 percent
regular investment tax credit.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 1, 1994
Mr. MCHALE 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 restore
the 10 percent regular investment tax credit.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Investment Tax Credit
Act of 1994’’.
SEC. 2. RESTORATION OF INVESTMENT CREDIT.
(a) ALLOWANCE OF CREDIT.—Section 46 of the In-
ternal Revenue Code of 1986 (relating to amount of in-
vestment credit) is amended by striking ‘‘and’’ at the end
of paragraph (2), by striking the period at the end of para-
graph (3) and inserting ‘‘, and’’, and by adding at the
end thereof the following new paragraph:
‘‘(4) the general investment credit.’’
(b) AMOUNT OF CREDIT.—Section 48 of such Code
is amended by adding at the end thereof the following new
subsection:
‘‘(c) GENERAL INVESTMENT CREDIT.—
‘‘(1) IN GENERAL.—For purposes of section 46,
the general investment credit for any taxable year is
an amount equal to 10 percent of the qualified in-
vestment for such taxable year.
‘‘(2) QUALIFIED INVESTMENT.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the qualified investment for any tax-
able year is the aggregate of—
‘‘(i) the applicable percentage of the
basis of each new section 38 property
placed in service by the taxpayer during
such taxable year, plus
‘‘(ii) the applicable percentage of the
cost of each used section 38 property
placed in service by the taxpayer during
such taxable year.
‘‘(B) 
APPLICABLE
PERCENTAGE.—For
purposes of subparagraph (A), the applicable
percentage for any property shall be determined
under paragraphs (2) and (7) of section 46(c)
(as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of
1990).
‘‘(C) CERTAIN
RULES
MADE
APPLICA-
BLE.—The provisions of subsections (b) and (c)
of section 48 (as in effect on the day before the
date of the enactment of the Revenue Reconcili-
ation Act of 1990) shall apply for purposes of
this paragraph.
‘‘(3) SECTION 38 PROPERTY.—For purposes of
this subsection, the term ‘section 38 property’
means—
‘‘(A) tangible personal property (other
than an air conditioning or heating unit), or
‘‘(B) other tangible property (not including
a building and its structural components) but
only if such property—
‘‘(i) is used as an integral part of
manufacturing, production, or extraction
or of furnishing transportation, commu-
nications, electrical energy, gas, water, or
sewage disposal services,
‘‘(ii) constitutes a research facility
used in connection with any of the activi-
ties referred to in clause (i), or
‘‘(iii) constitutes a facility used in
connection with any of the activities re-
ferred to in clause (i) for the bulk storage
of fungible commodities (including com-
modities in a liquid or gaseous state), or
‘‘(C) elevators and escalators, but only if—
‘‘(i) the construction, reconstruction,
or erection of the elevator or escalator is
completed by the taxpayer, or
‘‘(ii) the original use of such elevator
or escalator commences with the taxpayer,
or
‘‘(D) single purpose agricultural or horti-
cultural structures; or
‘‘(E) a storage facility (not including a
building and its structural components) used in
connection with the distribution of petroleum or
any primary product of petroleum.
Such term includes only property to which section
168 applies without regard to any useful life and
any other property with respect to which deprecia-
tion (or amortization in lieu of depreciation) is al-
lowable and having a useful life (determined as of
the time such property is placed in service) of 3
years or more.
‘‘(4) COORDINATION WITH OTHER CREDITS.—
This subsection shall not apply to any property to
which the energy credit or rehabilitation credit
would apply unless the taxpayer elects to waive the
application of such credits to such property.
‘‘(5) CERTAIN PROGRESS EXPENDITURE RULES
MADE APPLICABLE.—Rules similar to rules of sub-
section (c)(4) and (d) of section 46 (as in effect on
the day before the date of the enactment of the Rev-
enue Reconciliation Act of 1990) shall apply for pur-
poses of this subsection.’’
(c) TECHNICAL AMENDMENTS.—
(1) Subparagraph (C) of section 49(a)(1) of
such Code is amended by striking ‘‘and’’ at the end
of clause (ii), by striking the period at the end of
clause (iii) and inserting ‘‘, and’’, and by adding at
the end thereof the following new clause:
‘‘(iv) the basis of any new section 38
property and the cost of any used section
38 property.’’
(2) Subparagraph (E) of section 50(a)(2) of
such Code is amended by inserting ‘‘or 48(c)(5)’’ be-
fore the period at the end thereof.
(3) Paragraph (5) of section 50(a) of such Code
is amended by adding at the end thereof the follow-
ing new subparagraph:
‘‘(D) SPECIAL RULES FOR CERTAIN PROP-
ERTY.—In the case of any section 38 property
which is 3-year property (within the meaning of
section 168(e))—
‘‘(i) the percentage set forth in clause
(ii) of the table contained in paragraph
(1)(B) shall be 66 percent,
‘‘(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
‘‘(iii) clauses (iv) and (v) of such table
shall not apply.’’
(4)(A) The section heading for section 48 of
such Code is amended to read as follows:
‘‘SEC. 48. OTHER CREDITS.’’
(B) The table of sections for subpart E of part
IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 48
and inserting the following:
‘‘Sec. 48. Other credits.’’
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to periods after the date of the
enactment of this Act under rules similar to the rules of
section 48(m) of the Internal Revenue Code of 1986 (as
in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990).
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