To amend the Internal Revenue Code of 1986 for purposes of the tax on private foundation excess business holdings to treat as outstanding any employee-owned stock purchased by a business enterprise pursuant to certain employee stock ownership retirement plans.

Bill: 117-hr-3152
Sponsor: full_name: Rep. Kildee, Daniel T. [D-MI-5]
Introduced: 2021-05-12
Policy area: Taxation
Subjects: Business investment and capital

Employee benefits and pensions

Sales and excise taxes

Securities

Social work, volunteer service, charitable organizations

Tax-exempt organizations
Latest action: action_date: 2021-05-12
text: Referred to the House Committee on Ways and Means.

Summaries:
action_date: 2021-05-12
action_desc: Introduced in House
text: <p>This bill excludes certain purchases of employee-owned stock from being considered as outstanding voting stock for the purpose of the excise tax on excess business holdings of a private foundation in a business enterprise. </p> <p>The bill applies to any voting stock that is (1) not readily tradable on an established securities market; (2) purchased by the business enterprise on or after January 1, 2005, from an employee stock ownership plan in which employees of the business enterprise participate, in connection with a distribution from the plan; and (3) held by the business enterprise as treasury stock, cancelled, or retired.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3152 IN THE HOUSE OF REPRESENTATIVES May 12, 2021 Mr. Kildee introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 for purposes of the tax on private foundation excess business holdings to treat as outstanding any employee-owned stock purchased by a business enterprise pursuant to certain employee stock ownership retirement plans.

1. Certain purchases of employee-owned stock disregarded for purposes of foundation tax on excess business holdings (a) In general Section 4943(c)(4)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) For purposes of clause (i), subparagraph (D), and paragraph (2), any voting stock which— (I) is not readily tradable on an established securities market, (II) is purchased by the business enterprise on or after January 1, 2005, from an employee stock ownership plan (as defined in section 4975(e)(7)) in which employees of such business enterprise participate, in connection with a distribution from such plan, and (III) is held by the business enterprise as treasury stock, cancelled, or retired, shall be treated as outstanding voting stock, but only to the extent so treating such stock would not result in permitted holdings exceeding 49 percent (determined without regard to this clause). The preceding sentence shall not apply with respect to the purchase of stock from a plan during the 10-year period beginning on the date the plan is established. . (b) Effective date (1) In general The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act and to purchases by a business enterprise of voting stock in taxable years beginning before, on, or after the date of the enactment of this Act. (2) Special rule for grandfathered foundations in case of decrease in ownership by reason of pre-enactment purchases Section 4943(c)(4)(A)(ii) of the Internal Revenue Code of 1986 shall not apply with respect to any decrease in the percentage of holdings in a business enterprise by reason of the application of section 4943(c)(4)(A)(v) of such Code (as added by this section).