Energy Improvement and Extension Act of 2008

Bill: 110-hr-6049
Sponsor: Rep. Rangel, Charles B. [D-NY-15]
Introduced: 2008-05-14 in the House
Policy area: Taxation
Subjects: Agriculture and Food
Alabama
Alcoholic beverages
Alternative energy sources
Armed Forces and National Security
Arts, Culture, Religion
Biomass energy
Bonds
Books
Building construction
Capital gains tax
Carbon dioxide
Cellulose
Charitable contributions
Civil Rights and Liberties, Minority Issues
Climate change and greenhouse gases
Coal
College costs
Commerce
Computers
Congress
Congressional reporting requirements
Construction costs
Corporation taxes
Crime and Law Enforcement
Curricula
Depreciation and amortization
Diesel motor
Discrimination in insurance
Discrimination in medical care
District of Columbia
Earned income tax credit
Economics and Public Finance
Education
Education of the disadvantaged
Educational technology
Electric appliances
Electric vehicles
Elementary and secondary education
Emergency Management
Employee stock options
Energy
Energy conservation
Energy efficiency
Energy industries
Enterprise zones
Environmental Protection
Excise tax
Families
Finance and Financial Sector
Foreign Trade and International Finance
Foreign corporations
Foreign tax credit
Fuel cells
Geothermal resources
Government Operations and Politics
Governmental investigations
Health
Health insurance
Higher education
Home repair and improvement
Housing and Community Development
Hurricanes
Hydroelectric power
Incineration
Income tax
Individual retirement accounts
Interest
International Affairs
Inventories
Investment tax credit
Irrigation
Labor and Employment
Landfills
Law
Leases
Legal fees
Legal services
Local taxation
Losses
Louisiana
Marine and coastal resources, fisheries
Mental health services
Methane
Military pay
Minimum tax
Minorities
Minority employment
Mississippi
Mortgages
Motion pictures
Mutual funds
Native Americans
New York City
New York State
Ocean energy resources
Property tax
Public Lands and Natural Resources
Public-private partnerships
Puerto Rico
Railroad engineering
Refuse as fuel
Research and development tax credit
Restaurants
Science, Technology, Communications
Service stations
Small business
Social Welfare
Solar energy
Sports and Recreation
Sports facilities
State taxation
Stocks
Subsidiary corporations
Tax administration
Tax credits
Tax deductions
Tax evasion
Tax exclusion
Tax exemption
Tax penalties
Tax preparers
Tax rates
Tax refunds
Tax returns
Tax-exempt organizations
Teachers
Teaching materials
Television industry
Terrorism
Transportation and Public Works
Undercover operations
Urban affairs
Urban economic development
Veterans' benefits
Water Resources Development

Summary:
action_date: 2008-05-14
text: 
Energy and Tax Extenders Act of 2008 - Amends the Internal Revenue Code to extend various provisions relating to energy production and conservation and to individual and business-related activities.

Extends through 2009 the tax credit for producing electricity from wind facilities and through 2011 for closed and open-loop biomass, geothermal, small irrigation, hydropower, landfill gas, and trash combustion facilities. Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of such tax credit. 

Extends through 2014: (1) the energy tax credits for solar energy, fuel cell, and microturbine property; and (2) the residential energy efficient property tax credit. 

Increases the authorization levels for new clean renewable energy bonds. 

Allows tax credits for investment in advanced coal electricity and coal gasification projects.

Extends through 2018 the temporary increase in coal excise taxes. Sets forth special rules for refunds of coal excise taxes to certain producers or exporters.

Directs the Secretary of the Treasury to study and report to Congress on: (1) Internal Revenue Code provisions that have the largest effects on carbon and other greenhouse gas emissions; and (2) current biofuel production.

Allows a new tax credit for the production of cellulosic biofuels.

Extends through 2009 income and excise tax credits for biodiesel and renewable diesel.

Allows a tax credit for new qualified plug-in electric drive motor vehicles.

Allows a tax credit against payroll liabilities of New York Liberty Zone governmental units (i.e., New York State, the City of New York, or any agencies or instrumentalities thereof) for expenditures involving transportation infrastructure projects in or connecting with the New York Liberty Zone.

Increases and extends through 2010 the tax credit for alternative fuel vehicle refueling property expenditures.

Extends through 2013 the tax deduction for energy efficient commercial building expenditures.

Extends through 2009 the tax credit for energy efficient appliances.

Extends through FY2012 tax-exempt bond financing for qualified green building and sustainable design projects.

Extends through 2008: (1) the election to deduct state and local sales taxes in lieu of state and local income taxes; (2) the tax deductions for qualified tuition and related expenses and for certain expenses of elementary and secondary school teachers; (3) the special rules relating to regulated investment companies and for charitable contributions of capital gain real property for conservation purposes; (4) tax-free distributions from individual retirement plans (IRAs) for individuals called or ordered to active military duty and for charitable purposes; (5) the election to include combat pay as earned income for purposes of the earned income tax credit; (6) authority for use of qualified mortgage bonds to finance residences for veterans; (7) the tax exclusion for amounts received under qualified group legal services plans; and (8) the tax credit for nonbusiness energy property.

Extends through 2008 various business-related tax provisions, including: (1) the tax credit for increasing research activities; (2) the tax credits for Indian employment and railroad track maintenance; (3) accelerated depreciation for qualified leasehold and restaurant improvements, for motorsports racing track facilities, and for business property on Indian reservations; (4) the expensing allowance for environmental remediation costs; (5) the tax deduction for income attributable to domestic production activities in Puerto Rico; (6) the special rule for the tax treatment of certain payments to tax-exempt organizations by a controlled subsidiary; (7) issuance authority for qualified zone academy bonds; (8) tax incentives for investment in the District of Columbia; (9) the economic development credit for American Samoa; (10) the special rule for charitable contributions of food and book inventories; (11) the increased tax deduction for corporate contributions of computer equipment and technology for educational purposes; (12) the special rule for reductions in the basis of S corporation stock for charitable contributions of property; (13) work opportunity tax credit eligibility for Hurricane Katrina employees; and (14) increases in alcohol excise taxes payable to Puerto Rico and the Virgin Islands.

Extends through 2009: (1) the new markets tax credit; (2) the subpart F exemption for active financing income earned on business operations overseas; (3) special rules for the tax treatment of payments between related controlled foreign corporations; and (4) expensing of costs of certain film and television productions.

Makes permanent authorities for: (1) Internal Revenue Service (IRS) disclosure of tax information relating to terrorist activities; (2) IRS undercover operations; and (3) Social Security Administration (SSA) disclosure of tax information for veterans' benefit determinations.

Allows individual taxpayers an additional standard tax deduction in 2008 for state and local real property taxes. 

Lowers in 2008 (from $10,000 to $8,500) the earned income threshold amount for determining the refundable portion of the child tax credit.

Increases the AMT refundable credit amount for individual taxpayers with long-term unused tax credits in prior taxable years. Abates any underpayment of tax and related interest and penalties attributable to the application of special AMT rules for the treatment of incentive stock options.

Allow attorneys a tax deduction in the current taxable year for reimbursable expenses and court costs which they pay or incur in connection with contingency fee cases.

Modifies criteria for penalties on tax return preparers who understate tax liabilities.

Allows taxpayers who claimed a casualty loss deduction for damage to a personal residence caused by Hurricanes Katrina, Rita, or Wilma and who subsequently received a grant as compensation for such damage to file an amended tax return to disallow the casualty loss deduction without payment of any tax penalty. Waives deadlines for starting construction for property in the Gulf Opportunity (GO) Zone eligible for bonus depreciation. Includes Colbert and Dallas Counties in Alabama within the GO Zone for purposes of tax-exempt bond financing.

Sets forth revenue provisions relating to: (1) the inclusion in gross income of deferred compensation paid by certain foreign entities; and (2) increases in estimated tax payments of certain large corporations. Delays until 2019 the application of special rules for the worldwide allocation of interest for purposes of computing the limitation on the foreign tax credit. 

action_date: 2008-05-20
text: 
Renewable Energy and Job Creation Act of 2008 -Amends the Internal Revenue Code to provide tax incentives for energy production and conservation, to extend expiring tax provisions, and to extend tax benefits to individual and business taxpayers. 

Title I: Energy Tax Incentives - Subtitle A: Energy Production Incentives - Part I: Renewable Energy Incentives - 
(Sec. 101) Extends: (1) through 2009 the tax credit for producing electricity from qualified wind facilities; and (2) through 2011 the tax credits for producing electricity from closed and open-loop biomass, geothermal or solar energy, small irrigation power, municipal solid waste, trash combustion, and qualified hydropower. Imposes a limit on such tax credit based upon investment in renewable resource facilities placed in service after 2009 in lieu of the current phaseout provisions for such credit. Expands the definitions of and rules for &quot;open-loop biomass facility,&quot; &quot;qualified trash combustion facility,&quot; and &quot;nonhydroelectric dam&quot; for purposes of such credit.

(Sec. 102) Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of the tax credit for producing electricity from renewable resources. 

(Sec. 103) Extends through 2014 the energy tax credit for solar energy, fuel cell, and microturbine property. Allows a new energy tax credit for combined heat and power system property. Increases to $1,500 the credit limitation for fuel cell property. Modifies energy tax credit rules to allow: (1) offsets of tax credit amounts against alternative minimum tax (AMT) liabilities; and (2) public utility property to qualify for such credit.

(Sec. 104) Extends through 2014 the tax credit for residential energy efficient property. Increases to $4,000 the maximum dollar amount of such credit for solar electric property. Allows a credit for 30% of expenditures for wind turbines used to generate electricity in a residence and for geothermal heat pumps.

(Sec. 105) Extends deferral rules for gain from sales or dispositions by qualified electric utilities made prior to January 1, 2010.

(Sec. 106) Allows a new tax credit for investment in qualified new clean renewable energy bonds.

Part II: Carbon Mitigation Provisions
 - (Sec. 111) Increases to 30% the investment tax credit rate for power generation projects using integrated gasification combined cycle and other advanced coal-based generation technology projects. Increases the maximum credit amounts allocable for such projects to $2.55 billion.

(Sec. 112) Increases to 30% the investment tax credit rate for coal gasification projects. Increases by $250 million the aggregate credit amounts for coal gasification projects. 

(Sec. 113) Extends the excise tax on coal until the earlier of January 1, 2019, or the day after the first December 31st after December 31, 2007, on which there is no balance of repayable advances made to the Black Lung Disability Trust Fund and no unpaid interest on such advances.

(Sec. 114) Sets forth a special rule for refund claims of coal excise tax by certain coal producers and exporters.

(Sec. 115) Directs the Secretary of the Treasury to contract with the National Academy of Sciences for a comprehensive review of Internal Revenue Code provisions that have the largest effects on carbon and other greenhouse gas emissions. Requires the Academy to report to Congress on the results of such study not later than two years after the enactment of this Act. Authorizes appropriations.

Subtitle B: Transportation and Domestic Fuel Security Provisions
 - (Sec. 121) Includes cellulosic biofuel within the definition of biomass ethanol plant property for purposes of bonus depreciation. 

(Sec. 122) Extends through 2009 income and excise tax credits for biodiesel and renewable diesel used as fuel. Increases the rates of such credits.

(Sec. 123) Disqualifies foreign-produced fuel that is used or sold for use outside the United States for the income and excise tax credits for alcohol, biodiesel, renewable diesel, and alternative fuel production.

(Sec. 124) Allows a new tax credit for the production of qualified plug-in electric drive motor vehicles. Defines a &quot;qualified plug-in electric drive vehicle&quot; as a motor vehicle weighing less than 14,000 pounds that meets certain emission standards under the Clean Air Act and that is propelled to a significant extent by an electric motor that draws electricity from a rechargeable battery.

(Sec. 125) Allows an exclusion from the heavy truck excise tax for idling reduction devices and advanced insulation used in certain heavy trucks and trailers.

(Sec. 126) Revises tax incentives for investment in the New York Liberty Zone to repeal certain additional depreciation allowances and to allow a tax credit against payroll liabilities of New York Liberty Zone governmental units (i.e., New York State, the City of New York, or any agencies or instrumentalities thereof) for expenditures involving transportation infrastructure projects in or connecting with such Zone.

(Sec. 127) Allows employees to exclude reimbursements for bicycle commuting expenses from gross income. 

(Sec. 128) Extends through 2010 the tax credit for installing nonhydrogen alternative fuel refueling property. Increases the rate of the tax credit for alternative fuel refueling property expenditures from 30 to 50% and raises the dollar limit for commercial properties to $50,000.

Subtitle C: Energy Conservation and Efficiency Provisions
 - (Sec. 141) Authorizes the issuance of qualified energy conservation bonds to finance local government conservation and greenhouse gas reduction projects. Imposes a national limitation of $3 billion on the issuance of such bonds.

(Sec. 142) Extends the tax credit for nonbusiness energy property expenditures through 2008. Includes energy-efficient biomass fuel stoves as property eligible for such tax credit.

(Sec. 143) Extends the tax deduction for energy efficient commercial buildings through 2013.

(Sec. 144) Revises the amounts allowable under the tax credit for energy efficient appliances produced after 2007 (i.e., dish washers, clothes washers, and refrigerators) and extends such credit through 2010. 

(Sec. 145) Allows an accelerated 10-year recovery period for the depreciation of qualified smart electric meters and smart electric grid systems. 

(Sec. 146) Extends through FY2012 the authority to issue tax-exempt bonds for qualified green building and sustainable design projects.

Title II: One-Year Extension of Temporary Provisions
 - 
Subtitle A: Extensions Primarily Affecting Individuals
 - (Sec. 201) Extends through 2008: (1) the election to deduct state and local sales taxes in lieu of state and local income taxes; (2) the tax deductions for qualified tuition and related expenses and for certain expenses of elementary and secondary school teachers; (3) the exemption from withholding for interest-related and short-term capital gain dividends received from a regulated investment company; (4) tax-free distributions from individual retirement plans (IRAs) for individuals called or ordered to active military duty and for charitable purposes; (5) the election to include combat pay as earned income for purposes of the earned income tax credit; (6) authority for use of qualified mortgage bonds to finance residences for veterans; (7) special rules and definitions relating to regulated investment companies; and (8) the tax exclusion for amounts received under qualified group legal services plans.

Subtitle B: Extensions Primarily Affecting Businesses
 - (Sec. 221) Extends through 2008 the tax credit for increasing research activities. Sets forth a special rule for the computation of such tax credit for taxable years in which it terminates. 

 Extends through 2008 other business-related tax provisions, including: (1) the tax credits for Indian employment and railroad track maintenance; (2) accelerated depreciation for qualified leasehold and restaurant improvements, for motorsports racing track facilities, and for business property on Indian reservations; (3) the expensing allowance for environmental remediation costs; (4) the tax deduction for income attributable to domestic production activities in Puerto Rico; (5) the special rule for the tax treatment of certain payments to tax-exempt organizations by a controlled subsidiary; (6) the authority for issuance of qualified zone academy bonds; (7) tax incentives for investment in the District of Columbia, including tax-exempt economic development bonds and a first-time homebuyer tax credit; (8) the economic development credit for American Samoa; (9) the special rules for charitable contributions of food and book inventories; (10) the increased tax deduction for corporate contributions of computer equipment and technology for educational purposes; (11) the special rule relating to reductions in the basis of S corporation stock for charitable contributions of property; and (12) work opportunity tax credit eligibility for Hurricane Katrina employees (through August 28, 2008).

Extends through 2009: (1) the new markets tax credit; (2) the Subpart F income exemption for active financing income; and (3) expensing of qualified film and television production costs. 

Subtitle C: Other Extensions
 - (Sec. 251) Makes permanent the authority for the Internal Revenue Service (IRS) to disclose tax return information related to terrorist activities. 

(Sec. 252) Makes permanent the authority for the IRS to conduct undercover operations. 

(Sec. 253) Makes permanent the authority for disclosure of tax return information to the Department of Veterans Affairs (VA) for veterans benefit determinations. 

(Sec. 254) Extends through 2008 the increased payment ($10.50 to $13.25 per proof gallon) of distilled spirits excise tax to the Treasuries of Puerto Rico and the Virgin Islands.

(Sec. 255) Extends through 2008 parity requirements applicable to mental health benefits offered by group health plans.

Title III: Additional Tax Relief - Subtitle A: Individual Tax Relief 
- (Sec. 301) Allows individual taxpayers an additional standard tax deduction in 2008 for state and local real property taxes. Limits the amount of such deduction to $350 ($700 for married individuals filing a joint tax return).

(Sec. 302) Lowers in 2008 (from $10,000 to $8,500) the earned income threshold amount for determining the refundable portion of the child tax credit.

(Sec. 303) Increases the alternative minimum tax (AMT) refundable credit amount for individuals who have long-term unused minimum tax credits from prior taxable years. Abates any underpayment of tax attributable to the application of special AMT rules for the treatment of incentive stock options.

Subtitle B: Business Related Provisions 
- (Sec. 311) Allows attorneys a tax deduction in the current taxable year for reimbursable expenses and court costs which they pay or incur in connection with contingency fee cases.

(Sec. 312) Modifies rules relating to the expensing of film and television production costs.

Subtitle C: Modification of Penalty on Understatement of Taxpayer's Liability by Tax Return Preparer
 - (Sec. 321) Modifies the standards for imposing penalties on tax return preparers for understatements of tax to require: (1) substantial authority for a position with respect to an item on a tax return if such position was not disclosed with the return; and (2) a reasonable basis for a position that was disclosed with the return. 

Requires tax return preparers to have a reasonable belief that a position with respect to a tax shelter or a reportable transaction (a transaction having a potential for tax avoidance or evasion) will more likely than not be sustained on its merits.

Subtitle D: Extension and Expansion of Certain GO Zone Incentives
 - (Sec. 331) Allows taxpayers who claimed a casualty loss deduction for damage to a personal residence caused by Hurricanes Katrina, Rita, or Wilma and who subsequently received a grant as compensation for such damage to file an amended tax return to disallow the casualty loss deduction without payment of any tax penalty. Waives deadlines for starting construction for property in the Gulf Opportunity (GO) Zone eligible for bonus depreciation. Includes Colbert and Dallas Counties in Alabama within the GO Zone for purposes of tax-exempt bond financing.

Title IV: Revenue Provisions
 - (Sec. 401) Requires the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of a nonqualified entity when there is no substantial risk of forfeiture of the rights to such compensation. Defines &quot;nonqualified entity&quot; as any foreign corporation unless substantially all of its income is: (1) effectively connected with a trade or business in the United States; or (2) subject to a comprehensive foreign income tax. Includes certain partnerships within such definition.

(Sec. 402) Delays until 2019 the application of special rules for the worldwide allocation of interest for purposes of computing the limitation on the foreign tax credit. 

(Sec. 403) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to: (1) repeal the adjustment to the estimated tax liability of corporations with at least $1 billion in assets for the third quarter of 2012; and (2) increase the estimated tax payments of such corporations in the third quarter of 2013 by 37.75%.

action_date: 2008-05-21
text: 

(This measure has not been amended since it was reported to the House on May 20, 2008. The summary of that version is repeated here.)

Renewable Energy and Job Creation Act of 2008 -Amends the Internal Revenue Code to provide tax incentives for energy production and conservation, to extend expiring tax provisions, and to extend tax benefits to individual and business taxpayers. 

Title I: Energy Tax Incentives - Subtitle A: Energy Production Incentives - Part I: Renewable Energy Incentives - 
(Sec. 101) Extends: (1) through 2009 the tax credit for producing electricity from qualified wind facilities; and (2) through 2011 the tax credits for producing electricity from closed and open-loop biomass, geothermal or solar energy, small irrigation power, municipal solid waste, trash combustion, and qualified hydropower. Imposes a limit on such tax credit based upon investment in renewable resource facilities placed in service after 2009 in lieu of the current phaseout provisions for such credit. Expands the definitions of and rules for &quot;open-loop biomass facility,&quot; &quot;qualified trash combustion facility,&quot; and &quot;nonhydroelectric dam&quot; for purposes of such credit.

(Sec. 102) Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of the tax credit for producing electricity from renewable resources. 

(Sec. 103) Extends through 2014 the energy tax credit for solar energy, fuel cell, and microturbine property. Allows a new energy tax credit for combined heat and power system property. Increases to $1,500 the credit limitation for fuel cell property. Modifies energy tax credit rules to allow: (1) offsets of tax credit amounts against alternative minimum tax (AMT) liabilities; and (2) public utility property to qualify for such credit.

(Sec. 104) Extends through 2014 the tax credit for residential energy efficient property. Increases to $4,000 the maximum dollar amount of such credit for solar electric property. Allows a credit for 30% of expenditures for wind turbines used to generate electricity in a residence and for geothermal heat pumps.

(Sec. 105) Extends deferral rules for gain from sales or dispositions by qualified electric utilities made prior to January 1, 2010.

(Sec. 106) Allows a new tax credit for investment in qualified new clean renewable energy bonds.

Part II: Carbon Mitigation Provisions
 - (Sec. 111) Increases to 30% the investment tax credit rate for power generation projects using integrated gasification combined cycle and other advanced coal-based generation technology projects. Increases the maximum credit amounts allocable for such projects to $2.55 billion.

(Sec. 112) Increases to 30% the investment tax credit rate for coal gasification projects. Increases by $250 million the aggregate credit amounts for coal gasification projects. 

(Sec. 113) Extends the excise tax on coal until the earlier of January 1, 2019, or the day after the first December 31st after December 31, 2007, on which there is no balance of repayable advances made to the Black Lung Disability Trust Fund and no unpaid interest on such advances.

(Sec. 114) Sets forth a special rule for refund claims of coal excise tax by certain coal producers and exporters.

(Sec. 115) Directs the Secretary of the Treasury to contract with the National Academy of Sciences for a comprehensive review of Internal Revenue Code provisions that have the largest effects on carbon and other greenhouse gas emissions. Requires the Academy to report to Congress on the results of such study not later than two years after the enactment of this Act. Authorizes appropriations.

Subtitle B: Transportation and Domestic Fuel Security Provisions
 - (Sec. 121) Includes cellulosic biofuel within the definition of biomass ethanol plant property for purposes of bonus depreciation. 

(Sec. 122) Extends through 2009 income and excise tax credits for biodiesel and renewable diesel used as fuel. Increases the rates of such credits.

(Sec. 123) Disqualifies foreign-produced fuel that is used or sold for use outside the United States for the income and excise tax credits for alcohol, biodiesel, renewable diesel, and alternative fuel production.

(Sec. 124) Allows a new tax credit for the production of qualified plug-in electric drive motor vehicles. Defines a &quot;qualified plug-in electric drive vehicle&quot; as a motor vehicle weighing less than 14,000 pounds that meets certain emission standards under the Clean Air Act and that is propelled to a significant extent by an electric motor that draws electricity from a rechargeable battery.

(Sec. 125) Allows an exclusion from the heavy truck excise tax for idling reduction devices and advanced insulation used in certain heavy trucks and trailers.

(Sec. 126) Revises tax incentives for investment in the New York Liberty Zone to repeal certain additional depreciation allowances and to allow a tax credit against payroll liabilities of New York Liberty Zone governmental units (i.e., New York State, the City of New York, or any agencies or instrumentalities thereof) for expenditures involving transportation infrastructure projects in or connecting with such Zone.

(Sec. 127) Allows employees to exclude reimbursements for bicycle commuting expenses from gross income. 

(Sec. 128) Extends through 2010 the tax credit for installing nonhydrogen alternative fuel refueling property. Increases the rate of the tax credit for alternative fuel refueling property expenditures from 30 to 50% and raises the dollar limit for commercial properties to $50,000.

Subtitle C: Energy Conservation and Efficiency Provisions
 - (Sec. 141) Authorizes the issuance of qualified energy conservation bonds to finance local government conservation and greenhouse gas reduction projects. Imposes a national limitation of $3 billion on the issuance of such bonds.

(Sec. 142) Extends the tax credit for nonbusiness energy property expenditures through 2008. Includes energy-efficient biomass fuel stoves as property eligible for such tax credit.

(Sec. 143) Extends the tax deduction for energy efficient commercial buildings through 2013.

(Sec. 144) Revises the amounts allowable under the tax credit for energy efficient appliances produced after 2007 (i.e., dish washers, clothes washers, and refrigerators) and extends such credit through 2010. 

(Sec. 145) Allows an accelerated 10-year recovery period for the depreciation of qualified smart electric meters and smart electric grid systems. 

(Sec. 146) Extends through FY2012 the authority to issue tax-exempt bonds for qualified green building and sustainable design projects.

Title II: One-Year Extension of Temporary Provisions
 - 
Subtitle A: Extensions Primarily Affecting Individuals
 - (Sec. 201) Extends through 2008: (1) the election to deduct state and local sales taxes in lieu of state and local income taxes; (2) the tax deductions for qualified tuition and related expenses and for certain expenses of elementary and secondary school teachers; (3) the exemption from withholding for interest-related and short-term capital gain dividends received from a regulated investment company; (4) tax-free distributions from individual retirement plans (IRAs) for individuals called or ordered to active military duty and for charitable purposes; (5) the election to include combat pay as earned income for purposes of the earned income tax credit; (6) authority for use of qualified mortgage bonds to finance residences for veterans; (7) special rules and definitions relating to regulated investment companies; and (8) the tax exclusion for amounts received under qualified group legal services plans.

Subtitle B: Extensions Primarily Affecting Businesses
 - (Sec. 221) Extends through 2008 the tax credit for increasing research activities. Sets forth a special rule for the computation of such tax credit for taxable years in which it terminates. 

 Extends through 2008 other business-related tax provisions, including: (1) the tax credits for Indian employment and railroad track maintenance; (2) accelerated depreciation for qualified leasehold and restaurant improvements, for motorsports racing track facilities, and for business property on Indian reservations; (3) the expensing allowance for environmental remediation costs; (4) the tax deduction for income attributable to domestic production activities in Puerto Rico; (5) the special rule for the tax treatment of certain payments to tax-exempt organizations by a controlled subsidiary; (6) the authority for issuance of qualified zone academy bonds; (7) tax incentives for investment in the District of Columbia, including tax-exempt economic development bonds and a first-time homebuyer tax credit; (8) the economic development credit for American Samoa; (9) the special rules for charitable contributions of food and book inventories; (10) the increased tax deduction for corporate contributions of computer equipment and technology for educational purposes; (11) the special rule relating to reductions in the basis of S corporation stock for charitable contributions of property; and (12) work opportunity tax credit eligibility for Hurricane Katrina employees (through August 28, 2008).

Extends through 2009: (1) the new markets tax credit; (2) the Subpart F income exemption for active financing income; and (3) expensing of qualified film and television production costs. 

Subtitle C: Other Extensions
 - (Sec. 251) Makes permanent the authority for the Internal Revenue Service (IRS) to disclose tax return information related to terrorist activities. 

(Sec. 252) Makes permanent the authority for the IRS to conduct undercover operations. 

(Sec. 253) Makes permanent the authority for disclosure of tax return information to the Department of Veterans Affairs (VA) for veterans benefit determinations. 

(Sec. 254) Extends through 2008 the increased payment ($10.50 to $13.25 per proof gallon) of distilled spirits excise tax to the Treasuries of Puerto Rico and the Virgin Islands.

(Sec. 255) Extends through 2008 parity requirements applicable to mental health benefits offered by group health plans.

Title III: Additional Tax Relief - Subtitle A: Individual Tax Relief 
- (Sec. 301) Allows individual taxpayers an additional standard tax deduction in 2008 for state and local real property taxes. Limits the amount of such deduction to $350 ($700 for married individuals filing a joint tax return).

(Sec. 302) Lowers in 2008 (from $10,000 to $8,500) the earned income threshold amount for determining the refundable portion of the child tax credit.

(Sec. 303) Increases the alternative minimum tax (AMT) refundable credit amount for individuals who have long-term unused minimum tax credits from prior taxable years. Abates any underpayment of tax attributable to the application of special AMT rules for the treatment of incentive stock options.

Subtitle B: Business Related Provisions 
- (Sec. 311) Allows attorneys a tax deduction in the current taxable year for reimbursable expenses and court costs which they pay or incur in connection with contingency fee cases.

(Sec. 312) Modifies rules relating to the expensing of film and television production costs.

Subtitle C: Modification of Penalty on Understatement of Taxpayer's Liability by Tax Return Preparer
 - (Sec. 321) Modifies the standards for imposing penalties on tax return preparers for understatements of tax to require: (1) substantial authority for a position with respect to an item on a tax return if such position was not disclosed with the return; and (2) a reasonable basis for a position that was disclosed with the return. 

Requires tax return preparers to have a reasonable belief that a position with respect to a tax shelter or a reportable transaction (a transaction having a potential for tax avoidance or evasion) will more likely than not be sustained on its merits.

Subtitle D: Extension and Expansion of Certain GO Zone Incentives
 - (Sec. 331) Allows taxpayers who claimed a casualty loss deduction for damage to a personal residence caused by Hurricanes Katrina, Rita, or Wilma and who subsequently received a grant as compensation for such damage to file an amended tax return to disallow the casualty loss deduction without payment of any tax penalty. Waives deadlines for starting construction for property in the Gulf Opportunity (GO) Zone eligible for bonus depreciation. Includes Colbert and Dallas Counties in Alabama within the GO Zone for purposes of tax-exempt bond financing.

Title IV: Revenue Provisions
 - (Sec. 401) Requires the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of a nonqualified entity when there is no substantial risk of forfeiture of the rights to such compensation. Defines &quot;nonqualified entity&quot; as any foreign corporation unless substantially all of its income is: (1) effectively connected with a trade or business in the United States; or (2) subject to a comprehensive foreign income tax. Includes certain partnerships within such definition.

(Sec. 402) Delays until 2019 the application of special rules for the worldwide allocation of interest for purposes of computing the limitation on the foreign tax credit. 

(Sec. 403) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to: (1) repeal the adjustment to the estimated tax liability of corporations with at least $1 billion in assets for the third quarter of 2012; and (2) increase the estimated tax payments of such corporations in the third quarter of 2013 by 37.75%.

action_date: 2008-09-23
text: 
Energy Improvement and Extension Act of 2008 - Amends the Internal Revenue Code to extend and modify expiring provisions related to energy production and conservation and to provide for revenue enhancements.

Title I: Energy Production Incentives
 - 
Subtitle A: Renewable
 
Energy Incentives
 - (Sec. 101) Extends the tax credit for the production of electricity from renewable resources: (1) through 2009 for wind and refined coal facilities; and (2) through 2010 for closed and open-loop biomass, geothermal or solar energy, small irrigation power, landfill gas, trash combustion, and hydropower facilities. Modifies tax credit rules for refined coal, trash, and biomass facilities and for hydropower production.

(Sec. 102) Includes marine and hydrokinetic renewable energy as a resource for purposes of the tax credit for producing electricity from renewable resources. 

(Sec. 103) Extends through 2016 the energy tax credit for solar energy, fuel cell, and microturbine property. Allows a new energy tax credit for combined heat and power system property. Increases to $1,500 the credit limitation for fuel cell property. Modifies energy tax credit rules to allow: (1) offsets of tax credit amounts against alternative minimum tax (AMT) liabilities; and (2) public utility property to qualify for such credit.

(Sec. 104) Allows an energy tax credit through 2016 for qualified small wind energy property. Defines &quot;qualified wind energy property&quot; as property which uses a small wind turbine which has a nameplate capacity of not more than 100 kilowatts to generate electricity. 

(Sec. 105) Allows an energy tax credit through 2016 for equipment which uses ground or ground water as a thermal energy source for heating or cooling (geothermal heat pump systems).

(Sec. 106) Extends through 2016 the tax credit for residential energy efficient property. Eliminates the limitation on the tax credit for solar electric property. Allows a residential energy tax credit for 30% of small wind energy and geothermal heat pump property expenditures.

(Sec. 107) Allows a new tax credit for investment in new clean renewable energy bonds for capital expenditures for renewable energy facilities.

Extends through 2009 the authority to issue clean renewable energy bonds.

(Sec. 108) Includes steel industry fuel as a renewable resource for purposes of the tax credit for producing electricity from renewable resources. Defines &quot;steel industry fuel&quot; as fuel that: (1) is produced by liquefying coal waste sludge and distributing it on coal; and (2) is used as a feedstock for the manufacture of coke.

(Sec. 109) Extends through 2009 the deferral of tax on the gain on sales of transmission property by vertically-integrated electric utilities to independent transmission companies approved by the Federal Energy Regulatory Commission (FERC).

Subtitle B: Carbon Mitigation and Coal Provisions
 - (Sec. 111) Allows a 30% investment tax credit rate for advanced coal-based generation technology projects and increases the maximum credit amounts allocable for such projects to $2.55 billion.

Authorizes additional carbon energy projects, including projects for the capture and and sequestration of carbon dioxide. 

(Sec. 112) Increases to 30% the investment tax credit rate for coal gasification projects and the aggregate credit amount for such projects.

(Sec. 113) Extends the excise tax on coal until the earlier of December 31, 2018, or the day after the first December 31st after December 31, 2007, on which there is no balance of repayable advances made to the Black Lung Disability Trust Fund and no unpaid interest on such advances. Makes a one-time appropriation to the Trust Fund to pay the difference between the market value of outstanding repayable advances (plus accrued interest), and the proceeds from the obligations issued by such Trust Fund to the Secretary of the Treasury.

(Sec. 114) Sets forth special rules for refund claims of the coal excise tax by certain coal producers and exporters.

(Sec. 115) Allows a new tax credit for carbon dioxide sequestration.

(Sec. 116) Provides for the treatment of certain income and gains from industrial source carbon dioxide as qualifying income for publicly traded partnerships. 

(Sec. 117) Directs the Secretary of the Treasury to contract with the National Academy of Sciences for a comprehensive review of Internal Revenue Code provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of those effects. Requires the Academy to report to Congress on the results of such study not later than two years after the enactment of this Act. Authorizes appropriations.

Title II: Transportation and Domestic Fuel Security Provisions
 - (Sec. 201) Includes cellulosic biofuel within the definition of biomass ethanol plant property for purposes of bonus depreciation. 

(Sec. 202) Extends through 2009 income and excise tax credits for biodiesel and renewable diesel used as fuel. Increases the rates of such credits.

(Sec. 203) Disqualifies foreign-produced fuel that is used or sold for use outside the United States from the income and excise tax credits for alcohol, biodiesel, and alternative fuel production.

(Sec. 204) Extends through 2009 the excise tax credit for alternative fuel and fuel mixtures. Requires such fuels to include compressed or liquefied biomass gas and to meet certain carbon capture requirements. 

(Sec. 205) Allows a new tax credit for new qualified plug-in electric drive motor vehicles. Limits the amount of such credit based upon the gross vehicle weight rating of such vehicles. Terminates such credit after 2014.

(Sec. 206) Allows an exclusion from the heavy truck excise tax for idling reduction devices and advanced insulation used in certain heavy trucks and trailers.

(Sec. 207) Extends through 2010 the tax credit for alternative fuel vehicle refueling property expenditures. Includes electricity as a clean-burning fuel for purposes of such tax credit.

(Sec. 208) Provides for the treatment of certain income and gains from alcohol, biodiesel, and alternative fuels and mixtures as qualifying income for publicly traded partnerships. 

(Sec. 209) Extends through 2013 the taxpayer election to expense the costs of certain refinery property. 

(Sec. 210) Extends the suspension of the taxable income limit on percentage depletion for oil and natural gas produced from marginal properties. 

(Sec. 211) Allows employees to exclude reimbursements for bicycle commuting expenses from gross income. 

Title III: Energy Conservation and Efficiency Provisions
 - (Sec. 301) Allows a new tax credit for investment in qualified energy conservation bonds for capital expenditures to reduce energy consumption in public buildings, implement green community programs, develop alternative and renewable energy sources, and promote mass commuting facilities. 

(Sec. 302) Extends through 2009 the tax credit for nonbusiness energy property expenditures. Includes energy-efficient biomass fuel stoves as property eligible for such tax credit. Modifies tax credit standards for water heaters, geothermal heat pumps, and energy efficiency improvements.

(Sec. 303) Extends through 2013 the tax deduction for energy efficient commercial buildings.

(Sec. 304) Extends through 2009 the tax credit for residential energy efficiency improvements.

(Sec. 305) Modifies the tax credit amounts for energy efficient household appliances produced after 2007.

(Sec. 306) Allows an accelerated 10-year recovery period for the depreciation of qualified smart electric meters and smart electric grid systems. 

(Sec. 307) Extends through FY2012 the authority to issue tax-exempt bonds for qualified green building and sustainable design projects.

(Sec. 308) Allows a 50% depreciation allowance for reuse and recycling property used to collect, distribute, or recycle certain materials, including scrap, fibers, and metals.

Title IV: Revenue Provisions
 - Sec. 401) Reduces by 3% the tax deduction for income attributable to domestic production activities for taxpayers with income derived from activities related to oil, gas, or any primary products thereof.

(Sec. 402) Revises the tax treatment of foreign oil and gas extraction income and foreign oil related income for purposes of the foreign tax credit.

(Sec. 403) Includes within the reporting requirements of investment brokers the adjusted basis of any publicly traded security owned by customers of such brokers.

(Sec. 404) Extends through 2009 the 0.2% Federal Unemployment Tax Act (FUTA) surtax.

(Sec. 405) Increases the Oil Spill Liability Trust Fund financing rate and extends such rate through 2017.

Division B: Tax Extenders and Alternative Minimum Tax Relief
 - Tax Extenders and Alternative Minimum Tax Relief Act of 2008 - 
Title I: Alternative Minimum Tax Relief
 - (Sec. 101) Amends the Internal Revenue Code to extend through 2008 for individual taxpayers: (1) the offset of nonrefundable personal tax credits against regular and alternative minimum tax (AMT) liability; and (2) the increased AMT exemption amounts.

Increases the AMT refundable credit amount for individuals who have long-term unused minimum tax credits from prior taxable years. Abates any underpayment of tax attributable to the application of special AMT rules for the treatment of incentive stock options.

Title II: Extension of Individual Tax Provisions
 - (Sec. 201) Extends through 2009: (1) the tax deduction for state and local sales taxes in lieu of state and local income taxes; (2) the tax deduction for qualified tuition and related expenses; (3) the tax deduction for certain expenses of elementary and secondary school teachers; (4) the additional standard tax deduction from gross income for real property taxes; (5) tax-free distributions from individual retirement plans for charitable purposes; (6) the exemption from withholding of tax of interest-related and short-term capital gain dividends received from a regulated investment company (RIC) and the special rule for RIC stock held in the estate of a nonresidents; and (7) the inclusion of a RIC within the definition of &quot;qualified investment entity&quot; for income tax purposes.

Title III: Extension of Business Tax Provisions
 - (Sec. 301) Extends through 2009: (1) the tax credit for increasing research activities; (2) the new markets tax credit; (3) the subpart F income exemption for active financing income; (4) special rules for related controlled foreign corporations and for the tax treatment of certain payments to tax-exempt organizations by a controlled subsidiary; (5) accelerated depreciation for qualified leasehold and restaurant improvements and for certain improvements to retail space; (6) the special rule for reductions in the basis of S corporation stock for charitable contributions of property; (7) the increase in alcohol excise taxes payable to Puerto Rico and the Virgin Islands; (8) the economic development credit for American Samoa; (9) tax incentives for mine rescue team training and advanced mine safety equipment; (10) the tax deduction for income attributable to domestic production activities in Puerto Rico; (11) issuance authority for qualified zone academy bonds; (12) the Indian employment tax credit; (13) accelerated depreciation of business property on Indian reservations and of motorsports racing track facilities; (14) the tax credit for railroad track maintenance; (15) expensing allowances for environmental remediation costs; (16) work opportunity tax credit eligibility for Hurricane Katrina employees (through August 28, 2009); (17) the increased rehabilitation tax credit for property in the Gulf Opportunity (GO) Zone; (18) the tax deduction for corporate contributions of computer technology and equipment for educational purposes; (19) tax incentives for investment in the District of Columbia; and (20) the expanded tax deductions for charitable contributions of food and book inventories by noncorporate taxpayers.

(Sec. 325) Extends through 2014: (1) the suspension of tariff duties on certain wool products; and (2) the Wool Research, Promotion, and Development Trust Fund.

Title IV: Extension of Tax Administration Provisions
 - (Sec. 401) Makes permanent the authority of the Internal Revenue Service (IRS) to: (1) conduct undercover operations; and (2) disclose tax return information related to terrorist activities.

Title V: Additional Tax Relief and Other Tax Provisions - Subtitle A: General Provisions -
 (Sec. 501) Lowers in 2008 (from $10,000 to $8,500) the earned income threshold amount for determining the refundable portion of the child tax credit.

(Sec. 502) Amends Internal Revenue Code provisions relating to the tax deduction for domestic film and television productions to: (1) include within the income base for such deduction compensation for services performed in the United States by actors, production personnel, directors, and producers and any copyrights, trademarks, or other intangibles with respect to a film production; and (2) allow a deduction for partners or S corporation shareholders who own at least a 20% interest in a film project.

(Sec. 503) Exempts from the excise tax on bows and arrows certain shafts consisting of all natural wood that after assembly measure 5/16 of an inch or less in diameter and that are not suitable for use with bows that would otherwise be subject to such tax (having a peak draw weight of 30 pounds or more).

(Sec. 504) Allows taxpayers who are plaintiffs in the civil action 
In re Exxon Valdez
, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), or their heirs or dependents, to: (1) elect to average, for income tax purposes, income received in settlement of such civil action; and (2) make a limited contribution of such settlement income to certain tax-exempt retirement plans in the year such income is received.

(Sec. 505) Allows accelerated depreciation (i.e., five-year recovery period) for certain farming business machinery or equipment placed in service before January 1, 2010.

(Sec. 506) Modifies the standards for imposing penalties on tax return preparers for understatements of tax to require: (1) substantial authority for a position with respect to an item on a tax return if such position was not disclosed with the return; and (2) a reasonable basis for a position that was disclosed with the return. 

Requires tax return preparers to have a reasonable belief that a position with respect to a tax shelter or a reportable transaction (a transaction having a potential for tax avoidance or evasion) will more likely than not be sustained on its merits.

Subtitle B: Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 - 
Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
 - 
(Sec. 512) - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan that provides both medical and surgical benefits and mental health or substance use disorder benefits to ensure that: (1) the financial requirements, such as deductibles and copayments, applicable to such mental health or substance use disorder benefits are no more restrictive than the predominant financial requirements applied to substantially all medical and surgical benefits covered by the plan; (2) there are no separate cost sharing requirements that are applicable only with respect to mental health or substance use disorder benefits; (3) the treatment limitations applicable to such mental health or substance use disorder benefits are no more restrictive than the predominant treatment limitations applied to substantially all medical and surgical benefits covered by the plan; and (4) there are no separate treatment limitations that are applicable only with respect to mental health or substance use disorder benefits.

Requires the criteria for medical necessity determinations and the reason for any denial of reimbursement or payment for services made under the plan with respect to mental health or substance use disorder benefits to be made available by the plan administrator.

Requires the plan to provide out-of network coverage for mental health or substance use disorder benefits if the plan provides coverage for medical or surgical benefits provided by out-of network providers.

Exempts from the requirements of this Act a group health plan if the application of this Act results in an increase for the plan year of the actual total costs of coverage with respect to medical and surgical benefits and mental health and substance use disorder benefits by an amount that exceeds 2% for the first plan year and 1% for each subsequent plan year. Requires determinations as to increases in actual costs under a plan to be made and certified by a qualified and licensed actuary. 

Requires determinations for such an exemption to be made after such plan has complied with this Act for the first six months of the plan year.

Sets forth requirements for notifications of exemptions under this Act, including notification of the Secretary of Health and Human Services, the appropriate state agencies, and participants and beneficiaries in the plan.

Authorizes the Secretary and the appropriate state agency to audit the books and records of a group health plan relating to an exemption.

Directs the Secretary to: (1) report to the appropriate congressional committees on compliance of group health plans with the requirements of this Act; and (2) publish guidance and information concerning the requirements of this Act and provide assistance concerning such requirements and the continued operation of applicable state law. 

Requires the Comptroller General to report to Congress on the specific rates, patterns, and trends in coverage and exclusion of specific mental health and substance use disorder diagnoses by health plans and health insurance.

Title VI: Other Provisions - 
(Sec. 601) Revises the provisions of the Secure Rural Schools and Community Self-Determination Act of 2000.

Provides for: (1) calculating payments to eligible states, counties, and territories for FY2008-FY2011 and; (2) the making of transition payments for FY2008-FY2010 to California, Louisiana, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, and Washington. Sets forth distribution, election, and expenditure rules.

Permits eligible electing counties to expend a portion of funds received for the protection, restoration, and enhancement of fish and wildlife habitat, and other consistent resource objectives upon project approval.

Sets forth requirements for a merchantable timber contracting pilot program.

Revises provisions concerning resource advisory committees and the use and availability of project funds for projects submitted by such committees. Terminates authority to initiate projects on September 30, 2011.

Revises provisions for the use of county funds for certain projects. Requires certification by participating counties that county funds have been expended only for authorized uses. Terminates authority to initiate such projects on September 30, 2011.

Authorizes appropriations for FY2008-FY2011 to carry out the Secure Rural Schools and Community Self-Determination Act of 2000.

Amends the Act of May 23, 1908, and the Weeks Law to prescribe that an amount equal to the annual average of 25% of all amounts received for the applicable fiscal year and each of the preceding six fiscal years from each national forest (under current law, 25% of all moneys received during any fiscal year) be paid at the end of such year to eligible states and counties for the benefit of public schools and public roads in which such forests are situated.

Amends federal law regarding payment in lieu of taxes to provide, for FY2008-FY2012, for each county or other eligible unit of local government to be entitled to payment for entitlement land (certain land owned by the U.S. government).

(Sec. 602) Amends the Surface Mining Control and Reclamation Act of 1977 to require the transfer of $9 million on October 1, 2010, to the United Mine Workers of America Combined Benefit Fund to provide for refunds of certain health benefit premiums, death benefit premiums, and unassigned beneficiaries premiums.

Title VII: Disaster Relief - Subtitle A: Heartland and Hurricane Ike Disaster Relief - 
Heartland Disaster Tax Relief Act of 2008
 - 
 Makes certain provisions of the Internal Revenue Code providing tax benefits to residents of the Gulf Opportunity (GO) Zone and the Hurricane Katrina disaster areas, including provisions for tax-exempt bond financing, the low-income housing tax credit, an increased rehabilitation tax credit, education and housing tax benefits, employee retention tax credits, and tax-exempt bond financing, applicable to residents of the Midwestern disaster area on a similar basis. Defines &quot;Midwestern disaster area&quot; as an area in which a major disaster has been declared by the President on or after May 20, 2008, and before August 1, 2008, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of severe storms, tornados, or flooding occurring in any of the states of Arkansas, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, and Wisconsin. 

(Sec. 703) Includes within the reporting requirements of tax-exempt public charities information about disaster relief activities and contributions received for those purposes. 

(Sec. 704) Extends through 2010 tax-exempt bond financing and low-income housing tax credit benefits to the Hurricane Ike disaster area. Defines the &quot;Hurricane Ike disaster area&quot; as an area in Texas or Louisiana that was declared a major disaster area by the President by reason of Hurricane Ike and that was determined by the President to warrant federal assistance.

Subtitle B: National Disaster Relief
 - (Sec. 706) Waives the 10% adjusted gross income limitation on personal casualty losses for losses sustained from a federally declared disaster occurring before January 1, 2010. Defines &quot;federally declared disaster&quot; as any disaster determined by the President to warrant federal assistance under the Robert T. Stafford Relief and Emergency Assistance Act. 

Increases the standard tax deduction by a taxpayer's net disaster loss (i.e., personal casualty losses in a disaster area over personal casualty gains). 

Increases until December 31, 2009, the threshold for deductible casualty losses from $100 to $500.

(Sec. 707) Allows the expensing of business-related costs incurred due to a federally declared disaster for: (1) the abatement or control of hazardous substances; (2) removal of debris or demolition of damaged structures; or (3) repair of damaged property.

(Sec. 708) Provides for a five-year carryback period for net operating losses attributable to a federally declared disaster. Allows such losses as a deduction in computing alternative minimum taxable income.

(Sec. 709) Modifies certain mortgage revenue bond requirements for principal residences damaged or destroyed in a federally declared disaster occurring before January 1, 2010.

(Sec. 710) Allows accelerated depreciation and increases the expensing allowance for qualified disaster assistance property. Defines &quot;qualified disaster assistance property&quot; to include nonresidential real or residential rental property in a federally declared disaster area.

Title VIII: Spending Reductions and Appropriate Revenue Raisers for New Tax Relief Policy
 - (Sec. 801) Requires the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of a nonqualified entity when there is no substantial risk of forfeiture of the rights to such compensation. Defines &quot;nonqualified entity&quot; as any foreign corporation unless substantially all of its income is: (1) effectively connected with a trade or business in the United States; or (2) subject to a comprehensive foreign income tax. Includes certain partnerships within such definition.


Legislative actions:
action_date: 2008-09-29
text: Message on Senate action sent to the House.
action_date: 2008-09-23
text: Passed Senate with an amendment by Yea-Nay. 93 - 2. Record Vote Number: 205. (text: CR 9/29/2008 S10082-10114)
action_date: 2008-09-23
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay. 93 - 2. Record Vote Number: 205.(text: CR 9/29/2008 S10082-10114)
action_date: 2008-09-23
text: Measure laid before Senate by unanimous consent. (consideration: CR S9234-9238, S9238-9261)
action_date: 2008-09-18
text: Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S9167)
action_date: 2008-09-18
text: Third cloture motion on the motion to proceed to the measure withdrawn by unanimous consent in Senate. (consideration: CR S9167)
action_date: 2008-09-17
text: Third cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S8934; text: CR S8934)
action_date: 2008-09-17
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S8934)
action_date: 2008-07-29
text: Upon reconsideration, cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 53 - 43. Record Vote Number: 190. (consideration: CR S7594-7595; text: CR S7595)
action_date: 2008-07-29
text: Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure [Record Vote Number 150] agreed to in Senate by Unanimous Consent. (consideration: CR S7594)
action_date: 2008-06-19
text: Motion to proceed to measure considered in Senate. (consideration: CR S5772-5775)
action_date: 2008-06-18
text: Motion to proceed to measure considered in Senate. (consideration: CR S5711-5724)
action_date: 2008-06-17
text: Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure [Record Vote Number 150] made in Senate. (consideration: CR S5682)
action_date: 2008-06-17
text: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 44. Record Vote Number: 150. (consideration: CR S5681-5682; text: CR S5681)
action_date: 2008-06-17
text: Motion to proceed to measure considered in Senate. (consideration: CR S5678-5680, S5681-5685)
action_date: 2008-06-16
text: Motion to proceed to measure considered in Senate. (consideration: CR S5646-5652)
action_date: 2008-06-12
text: Second cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S5564-5565; text: CR S5564-5565)
action_date: 2008-06-12
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S5564-5565)
action_date: 2008-06-10
text: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 50 - 44. Record Vote Number: 147. (consideration: CR S5410-5412; text: CR S5410)
action_date: 2008-06-06
text: Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S5376; text: CR S5376)
action_date: 2008-06-06
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S5376)
action_date: 2008-06-05
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 767.
action_date: 2008-06-05
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2008-06-04
text: Received in the Senate.
action_date: 2008-05-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-05-21
text: On passage Passed by recorded vote: 263 - 160 (Roll no. 344). (text: CR H4367-4383)
action_date: 2008-05-21
text: Passed/agreed to in House: On passage Passed by recorded vote: 263 - 160 (Roll no. 344).(text: CR H4367-4383)
action_date: 2008-05-21
text: On motion to recommit with instructions Failed by the Yeas and Nays: 201 - 220 (Roll no. 343).
action_date: 2008-05-21
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H4399)
action_date: 2008-05-21
text: Floor summary: DEBATE - The House proceeded with ten minutes of debate on the McCrery motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment in the nature of a substitute which inserts a complete new text entitled "Alternative Minimum Tax and Extenders Tax Relief Act of 2008".
action_date: 2008-05-21
text: Mr. McCrery moved to recommit with instructions to Ways and Means. (consideration: CR H4395-4400; text: CR H4395-4398)
action_date: 2008-05-21
text: The previous question was ordered pursuant to the rule. (consideration: CR H4395)
action_date: 2008-05-21
text: DEBATE - The House proceeded with one hour of debate on H.R. 6049.
action_date: 2008-05-21
text: Rule provides for consideration of H.R. 6049 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The rule waives all points of order against consideration of the bill except those arising under clause 9 and 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill shall be considered as adopted.
action_date: 2008-05-21
text: Considered under the provisions of rule H. Res. 1212. (consideration: CR H4349-4401; text of measure as reported in House: CR H4349-4367)
action_date: 2008-05-21
text: Rule H. Res. 1212 passed House.
action_date: 2008-05-20
text: Placed on the Union Calendar, Calendar No. 415.
action_date: 2008-05-20
text: Reported (Amended) by the Committee on Ways and Means. H. Rept. 110-658.
action_date: 2008-05-20
text: Reported (Amended) by the Committee on Ways and Means. H. Rept. 110-658.
action_date: 2008-05-15
text: Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 12.
action_date: 2008-05-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-05-14
text: Referred to the House Committee on Ways and Means.
action_date: 2008-05-14
text: Introduced in House
action_date: 2008-05-14
text: Introduced in House