II 
114TH CONGRESS 
1ST SESSION 
H. R. 644 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 23, 2015 
Received 
AN ACT 
To amend the Internal Revenue Code of 1986 to permanently 
extend and expand the charitable deduction for contribu-
tions of food inventory. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘America Gives More 
Act of 2015’’. 
SEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DE-
DUCTION FOR CONTRIBUTIONS OF FOOD IN-
VENTORY. 
(a) PERMANENT EXTENSION.—Section 170(e)(3)(C) 
of the Internal Revenue Code of 1986 is amended by strik-
ing clause (iv). 
(b) INCREASE IN LIMITATION.—Section 170(e)(3)(C) 
of such Code, as amended by subsection (a), is amended 
by striking clause (ii), by redesignating clause (iii) as 
clause (iv), and by inserting after clause (i) the following 
new clauses: 
‘‘(ii) 
LIMITATION.—The 
aggregate 
amount of such contributions for any tax-
able year which may be taken into account 
under this section shall not exceed— 
‘‘(I) in the case of any taxpayer 
other than a C corporation, 15 per-
cent of the taxpayer’s aggregate net 
income for such taxable year from all 
trades or businesses from which such 
contributions were made for such 
year, computed without regard to this 
section, and 
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‘‘(II) in the case of a C corpora-
tion, 15 percent of taxable income (as 
defined in subsection (b)(2)(D)). 
‘‘(iii) RULES
RELATED
TO
LIMITA-
TION.— 
‘‘(I) CARRYOVER.—If such aggre-
gate amount exceeds the limitation 
imposed under clause (ii), such excess 
shall be treated (in a manner con-
sistent with the rules of subsection 
(d)) as a charitable contribution de-
scribed in clause (i) in each of the 5 
succeeding taxable years in order of 
time. 
‘‘(II) COORDINATION WITH OVER-
ALL CORPORATE LIMITATION.—In the 
case of any charitable contribution al-
lowable under clause (ii)(II), sub-
section (b)(2)(A) shall not apply to 
such contribution, but the limitation 
imposed by such subsection shall be 
reduced (but not below zero) by the 
aggregate amount of such contribu-
tions. For purposes of subsection 
(b)(2)(B), such contributions shall be 
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treated as allowable under subsection 
(b)(2)(A).’’. 
(c) DETERMINATION OF BASIS FOR CERTAIN TAX-
PAYERS.—Section 170(e)(3)(C) of such Code, as amended 
by subsections (a) and (b), is amended by adding at the 
end the following new clause: 
‘‘(v) DETERMINATION OF BASIS FOR 
CERTAIN TAXPAYERS.—If a taxpayer— 
‘‘(I) does not account for inven-
tories under section 471, and 
‘‘(II) is not required to capitalize 
indirect costs under section 263A, 
the taxpayer may elect, solely for purposes 
of subparagraph (B), to treat the basis of 
any apparently wholesome food as being 
equal to 25 percent of the fair market 
value of such food.’’. 
(d) DETERMINATION OF FAIR MARKET VALUE.— 
Section 170(e)(3)(C) of such Code, as amended by sub-
sections (a), (b), and (c), is amended by adding at the 
end the following new clause: 
‘‘(vi) DETERMINATION OF FAIR MAR-
KET VALUE.—In the case of any such con-
tribution of apparently wholesome food 
which cannot or will not be sold solely by 
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reason of internal standards of the tax-
payer, lack of market, or similar cir-
cumstances, or by reason of being pro-
duced by the taxpayer exclusively for the 
purposes of transferring the food to an or-
ganization described in subparagraph (A), 
the fair market value of such contribution 
shall be determined— 
‘‘(I) without regard to such inter-
nal standards, such lack of market, 
such circumstances, or such exclusive 
purpose, and 
‘‘(II) by taking into account the 
price at which the same or substan-
tially the same food items (as to both 
type and quality) are sold by the tax-
payer at the time of the contribution 
(or, if not so sold at such time, in the 
recent past).’’. 
(e) EFFECTIVE DATE.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall apply to contributions made after 
the date of the enactment of this Act, in taxable 
years ending after such date. 
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(2) LIMITATION; APPLICABILITY TO C CORPORA-
TIONS.—The amendments made by subsection (b) 
shall apply to contributions made in taxable years 
ending after the date of the enactment of this Act. 
SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBU-
TIONS FROM INDIVIDUAL RETIREMENT AC-
COUNTS FOR CHARITABLE PURPOSES MADE 
PERMANENT. 
(a) IN GENERAL.—Section 408(d)(8) of the Internal 
Revenue Code of 1986 is amended by striking subpara-
graph (F). 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to distributions made in taxable 
years beginning after December 31, 2014. 
SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION 
CONTRIBUTIONS MADE PERMANENT. 
(a) IN GENERAL.— 
(1) INDIVIDUALS.—Subparagraph (E) of sec-
tion 170(b)(1) of the Internal Revenue Code of 1986 
(relating to contributions of qualified conservation 
contributions) is amended by striking clause (vi). 
(2) CORPORATIONS.—Subparagraph (B) of sec-
tion 170(b)(2) of such Code (relating to qualified 
conservation contributions) is amended by striking 
clause (iii). 
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(b) CONTRIBUTIONS OF CAPITAL GAIN REAL PROP-
ERTY MADE FOR CONSERVATION PURPOSES BY NATIVE 
CORPORATIONS.— 
(1) IN GENERAL.—Section 170(b)(2) of such 
Code is amended by redesignating subparagraph (C) 
as subparagraph (D), and by inserting after sub-
paragraph (B) the following new subparagraph: 
‘‘(C) 
QUALIFIED
CONSERVATION
CON-
TRIBUTIONS
BY
CERTAIN
NATIVE
CORPORA-
TIONS.— 
‘‘(i) IN GENERAL.—Any qualified con-
servation contribution (as defined in sub-
section (h)(1)) which— 
‘‘(I) is made by a Native Cor-
poration, and 
‘‘(II) is a contribution of prop-
erty which was land conveyed under 
the Alaska Native Claims Settlement 
Act, 
shall be allowed to the extent that the ag-
gregate amount of such contributions does 
not exceed the excess of the taxpayer’s tax-
able income over the amount of charitable 
contributions allowable under subpara-
graph (A). 
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‘‘(ii) CARRYOVER.—If the aggregate 
amount of contributions described in clause 
(i) exceeds the limitation of clause (i), such 
excess shall be treated (in a manner con-
sistent with the rules of subsection (d)(2)) 
as a charitable contribution to which clause 
(i) applies in each of the 15 succeeding 
taxable years in order of time. 
‘‘(iii) 
NATIVE
CORPORATION.—For 
purposes of this subparagraph, the term 
‘Native Corporation’ has the meaning 
given such term by section 3(m) of the 
Alaska Native Claims Settlement Act.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 170(b)(2)(A) of such Code is 
amended by striking ‘‘subparagraph (B) ap-
plies’’ and inserting ‘‘subparagraph (B) or (C) 
applies’’. 
(B) Section 170(b)(2)(B)(ii) of such Code 
is amended by striking ‘‘15 succeeding years’’ 
and inserting ‘‘15 succeeding taxable years’’. 
(3) VALID
EXISTING
RIGHTS
PRESERVED.— 
Nothing in this subsection (or any amendment made 
by this subsection) shall be construed to modify the 
existing property rights validly conveyed to Native 
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Corporations (within the meaning of section 3(m) of 
the Alaska Native Claims Settlement Act) under 
such Act. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to contributions made in taxable 
years beginning after December 31, 2014. 
SEC. 5. MODIFICATION OF THE TAX RATE FOR THE EXCISE 
TAX ON INVESTMENT INCOME OF PRIVATE 
FOUNDATIONS. 
(a) IN GENERAL.—Section 4940(a) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘2 percent’’ 
and inserting ‘‘1 percent’’. 
(b) ELIMINATION OF REDUCED TAX WHERE FOUN-
DATION
MEETS
CERTAIN
DISTRIBUTION
REQUIRE-
MENTS.—Section 4940 of such Code is amended by strik-
ing 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. 
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SEC. 6. BUDGETARY EFFECTS. 
The budgetary effects of this Act shall not be entered 
on either PAYGO scorecard maintained pursuant to sec-
tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
Passed the House of Representatives February 12, 
2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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