extent such contributions are allowed as a de-
duction under section 404. 
‘‘(2) BUSINESS INPUTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the term ‘cost of business inputs’ 
means— 
‘‘(i) the amount paid for property sold 
or used in connection with a business ac-
tivity, 
‘‘(ii) the amount paid for services 
(other than for the services of employees, 
including fringe benefits paid by reason of 
such services) in connection with a busi-
ness activity, and 
‘‘(iii) any excise tax, sales tax, cus-
toms duty, or other separately stated levy 
imposed by a Federal, State, or local gov-
ernment on the purchase of property or 
services which are for use in connection 
with a business activity. 
Such term shall not include any tax imposed by 
chapter 2 or 21. 
‘‘(B) EXCEPTIONS.—Such term shall not 
include— 
VerDate Sep 11 2014 
21:17 Mar 19, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1040.IH
H1040
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(i) items described in subparagraphs 
(B) and (C) of paragraph (1), and 
‘‘(ii) items for personal use not in 
connection with any business activity. 
‘‘(C) EXCHANGES.—For purposes of this 
section, the amount treated as paid in connec-
tion with the exchange of property or services 
is the fair market value of the property or serv-
ices exchanged, plus any money paid. 
‘‘(e) SPECIAL RULES FOR FINANCIAL INTERMEDI-
ATION SERVICE ACTIVITIES.—In the case of the business 
activity of providing financial intermediation services, the 
taxable income from such activity shall be equal to the 
value of the intermediation services provided in such activ-
ity. 
‘‘(f) EXCEPTION FOR SERVICES PERFORMED AS EM-
PLOYEE.—For purposes of this section, the term ‘business 
activity’ does not include the performance of services by 
an employee for the employee’s employer. 
‘‘(g) CARRYOVER OF CREDIT-EQUIVALENT OF EX-
CESS DEDUCTIONS.— 
‘‘(1) IN GENERAL.—If the aggregate deductions 
for any taxable year exceed the gross active income 
for such taxable year, the credit-equivalent of such 
excess shall be allowed as a credit against the tax 
VerDate Sep 11 2014 
21:17 Mar 19, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1040.IH
H1040
pbinns on DSKJLVW7X2PROD with BILLS
imposed by this section for the following taxable 
year. 
‘‘(2) CREDIT-EQUIVALENT OF EXCESS DEDUC-
TIONS.—For purposes of paragraph (1), the credit- 
equivalent of the excess described in paragraph (1) 
for any taxable year is an amount equal to— 
‘‘(A) the sum of— 
‘‘(i) such excess, plus 
‘‘(ii) the product of such excess and 
the 3-month Treasury rate for the last 
month of such taxable year, multiplied by 
‘‘(B) the rate of the tax imposed by sub-
section (a) for such taxable year. 
‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the 
credit allowable for any taxable year by reason of 
this subsection exceeds the tax imposed by this sec-
tion for such year, then (in lieu of treating such ex-
cess as an overpayment) the sum of— 
‘‘(A) such excess, plus 
‘‘(B) the product of such excess and the 3- 
month Treasury rate for the last month of such 
taxable year, 
shall be allowed as a credit against the tax imposed 
by this section for the following taxable year. 
VerDate Sep 11 2014 
21:17 Mar 19, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1040.IH
H1040
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(4) 3-MONTH TREASURY RATE.—For purposes 
of this subsection, the 3-month Treasury rate is the 
rate determined by the Secretary based on the aver-
age market yield (during any 1-month period se-
lected by the Secretary and ending in the calendar 
month in which the determination is made) on out-
standing marketable obligations of the United States 
with remaining periods to maturity of 3 months or 
less. 
‘‘SEC. 60C. TAX ON NONCASH COMPENSATION PROVIDED 
TO EMPLOYEES NOT ENGAGED IN BUSINESS 
ACTIVITY. 
‘‘(a) IMPOSITION OF TAX.—There is hereby imposed 
on every employer of an employee to whom this section 
applies and who makes an election to be taxed under this 
part a tax equal to— 
‘‘(1) 19 percent of the value of excludable com-
pensation provided during the calendar year by the 
employer for the benefit of employees to whom this 
section applies in the case of the first 2 calendar 
years beginning with the calendar year for which the 
election under section 60 is made, and 
‘‘(2) 17 percent of such excludable compensa-
tion during the calendar year in the case of all cal-
VerDate Sep 11 2014 
21:17 Mar 19, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1040.IH
H1040
pbinns on DSKJLVW7X2PROD with BILLS
endar years subsequent to the calendar years de-
scribed in paragraph (1). 
‘‘(b) LIABILITY FOR TAX.—The tax imposed by this 
section shall be paid by the employer. 
‘‘(c) EXCLUDABLE COMPENSATION.—For purposes 
of subsection (a), the term ‘excludable compensation’ 
means any remuneration for services performed as an em-
ployee other than— 
‘‘(1) wages (as defined in section 3121(a) with-
out regard to paragraph (1) thereof) which are paid 
in cash, 
‘‘(2) remuneration for services performed out-
side the United States, and 
‘‘(3) retirement contributions to or under any 
plan or arrangement which makes retirement dis-
tributions (as defined in section 60A(d)). 
‘‘(d) EMPLOYEES TO WHOM SECTION APPLIES.— 
This section shall apply to an employee who is employed 
in any activity by— 
‘‘(1) any organization which is exempt from 
taxation under this chapter, or 
‘‘(2) any agency or instrumentality of the 
United States, any State or political subdivision of 
a State, or the District of Columbia.’’. 
VerDate Sep 11 2014 
21:17 Mar 19, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1040.IH
H1040
pbinns on DSKJLVW7X2PROD with BILLS
(b) CLERICAL AMENDMENT.—The table of parts for 
subchapter A of chapter 1 of such Code is amended by 
adding at the end the following new item: 
‘‘PART VIII. THE FLAT TAX’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2020. 
SEC. 3. REPEAL OF ESTATE AND GIFT TAXES. 
(a) IN GENERAL.—Subtitle B of the Internal Rev-
enue Code of 1986 is hereby repealed. 
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall apply to the estates of decedents dying, 
and gifts and generation-skipping transfers made, after 
December 31, 2020. 
(c) CROSS REFERENCE.—See section 102 of the In-
ternal Revenue Code of 1986 for exclusion of gifts and 
inheritances from gross income. 
SEC. 4. SUPERMAJORITY REQUIRED TO CONSIDER REV-
ENUE MEASURE. 
A bill, joint resolution, amendment to a bill or joint 
resolution, or conference report that— 
(1) includes an increase in the rates of tax 
specified in section 60A(a) or 60B(a) of the Internal 
Revenue Code of 1986 (as amended by this Act), or 
(2) reduces the standard deduction, as defined 
in section 60A(c) of such Code (as so amended), or 
VerDate Sep 11 2014 
21:17 Mar 19, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1040.IH
H1040
pbinns on DSKJLVW7X2PROD with BILLS
the deductions specified in section 60B(d) of such 
Code (as so amended), 
may not be considered as passed or agreed to by the 
House of Representatives or the Senate unless so deter-
mined by a vote of not less than two-thirds of the Members 
of the House of Representatives or the Senate (as the case 
may be) voting, a quorum being present. 
Æ 
VerDate Sep 11 2014 
21:17 Mar 19, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6301
E:\BILLS\H1040.IH
H1040
pbinns on DSKJLVW7X2PROD with BILLS