I
104TH CONGRESS
1ST SESSION
H. R. 1041
To amend the Internal Revenue Code of 1986 to provide an exclusion for
all dividends and interest received by individuals.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1995
Mr. CRANE (for himself, Mr. BLUTE, Mr. MCKEON, and Mr. HANCOCK) intro-
duced the following bill; which was referred to the Committee on Ways
and Means
A BILL
To amend the Internal Revenue Code of 1986 to provide
an exclusion for all dividends and interest received by
individuals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXCLUSION OF DIVIDENDS AND INTEREST RE-
CEIVED BY INDIVIDUALS.
(a) IN GENERAL.—Part III of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 (relating to
amounts specifically excluded from gross income) is
amended by inserting after section 115 the following new
section:
‘‘SEC. 116. EXCLUSION OF DIVIDENDS AND INTEREST RE-
CEIVED BY INDIVIDUALS.
‘‘(a) EXCLUSION FROM GROSS INCOME.—Gross in-
come does not include the sum of the amounts received
during the taxable year by an individual as—
‘‘(1) dividends from domestic corporations, or
‘‘(2) interest.
‘‘(b) CERTAIN DIVIDENDS EXCLUDED.—Subsection
(a)(1) shall not apply to any dividend from a corporation
which, for the taxable year of the corporation in which
the distribution is made, or for the next preceding taxable
year of the corporation, is a corporation exempt from tax
under section 501 (relating to certain charitable, etc., or-
ganization) or section 521 (relating to farmers’ coopera-
tive associations).
‘‘(c) SPECIAL RULES.—For purposes of this sec-
tion—
‘‘(1) DISTRIBUTIONS
FROM
REGULATED
IN-
VESTMENT COMPANIES AND REAL ESTATE INVEST-
MENT TRUSTS.—Subsection (a) shall apply with re-
spect to distributions by—
‘‘(A) regulated investment companies to
the extent provided in section 854(c), and
‘‘(B) real estate investment trusts to the
extent provided in section 857(c).
‘‘(2) DISTRIBUTIONS BY A TRUST.—For pur-
poses of subsection (a), the amount of dividends and
interest properly allocable to a beneficiary under sec-
tion 652 or 662 shall be deemed to have been re-
ceived by the beneficiary ratably on the same date
that the dividends and interest were received by the
estate or trust.
‘‘(3) CERTAIN
NONRESIDENT
ALIENS
INELI-
GIBLE
FOR
EXCLUSION.—In the case of a non-
resident alien individual, subsection (a) shall apply
only—
‘‘(A) in determining the tax imposed for
the taxable year pursuant to section 871(b)(1)
and only in respect of dividends and interest
which are effectively connected with the conduct
of a trade or business within the United States,
or
‘‘(B) in determining the tax imposed for
the taxable year pursuant to section 877(b).’’
(b) CLERICAL AND CONFORMING AMENDMENTS.—
(1) The table of sections for part III of sub-
chapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 115 the
following new item:
‘‘Sec. 116. Exclusion of dividends and interest received by individ-
uals.’’
(2) Paragraph (2) of section 265(a) of such
Code is amended by inserting before the period at
the end thereof the following: ‘‘, or to purchase or
carry obligations or shares, or to make deposits, to
the extent the interest thereon is excludable from
gross income under section 116’’.
(3) Subsection (c) of section 584 of such Code
is amended by adding at the end thereof the follow-
ing new sentence:
‘‘The proportionate share of each participant in the
amount of dividends or interest received by the common
trust fund and to which section 116 applies shall be con-
sidered for purposes of such section as having been re-
ceived by such participant.’’
(4) Subsection (a) of section 643 of such Code
is amended by inserting after paragraph (6) the fol-
lowing new paragraph:
‘‘(7) DIVIDENDS OR INTEREST.—There shall be
included the amount of any dividends or interest ex-
cluded from gross income pursuant to section 116.’’
(5) Section 854 of such Code is amended by
adding at the end thereof the following new sub-
section:
‘‘(c) TREATMENT UNDER SECTION 116.—
‘‘(1) IN
GENERAL.—For purposes of section
116, in the case of any dividend (other than a divi-
dend described in subsection (a)) received from a
regulated investment company which meets the re-
quirements of section 852 for the taxable year in
which it paid the dividend—
‘‘(A) the entire amount of such dividend
shall be treated as a dividend if the aggregate
dividends and interest received by such com-
pany during the taxable year equal or exceed 75
percent of its gross income, or
‘‘(B) if subparagraph (A) does not apply,
a portion of such dividend shall be treated as
a dividend (and a portion of such dividend shall
be treated as interest) based on the portion of
the company’s gross income which consists of
aggregate dividends or aggregate interest, as
the case may be.
For purposes of the preceding sentence, gross in-
come and aggregate interest received shall each be
reduced by so much of the deduction allowable by
section 163 for the taxable year as does not exceed
aggregate interest received for the taxable year.
‘‘(2) NOTICE TO SHAREHOLDERS.—The amount
of any distribution by a regulated investment com-
pany which may be taken into account as a dividend
for purposes of the exclusion under section 116 shall
not exceed the amount so designated by the com-
pany in a written notice to its shareholders mailed
not later than 45 days after the close of its taxable
year.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) The term ‘gross income’ does not in-
clude gain from the sale or other disposition of
stock or securities.
‘‘(B) The term ‘aggregate dividends re-
ceived’ includes only dividends received from do-
mestic corporations other than dividends de-
scribed in section 116(b)(2). In determining the
amount of any dividend for purposes of this
subparagraph, the rules provided in section
116(c)(1) (relating to certain distributions)
shall apply.’’
(6) Subsection (c) of section 857 of such Code
is amended to read as follows:
‘‘(c) LIMITATIONS APPLICABLE TO DIVIDENDS RE-
CEIVED FROM REAL ESTATE INVESTMENT TRUSTS.—
‘‘(1) IN
GENERAL.—For purposes of section
116 (relating to an exclusion for dividends and inter-