JCT Describes S Corporation Charity Rule Bill
FEB. 3, 2015
JCX-16-15
DOCUMENT ATTRIBUTES
- Institutional AuthorsJoint Committee on Taxation
- Cross-Reference
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2015-2636
- Tax Analysts Electronic Citation2015 TNT 23-21
Citations: JCX-16-15
Scheduled for Markup
by the
HOUSE COMMITTEE ON WAYS AND MEANS
on February 4, 2015
Prepared by the Staff
of the
JOINT COMMITTEE ON TAXATION
February 3, 2015
JCX-16R-15
CONTENTS
INTRODUCTION
A. Permanent Rule Regarding Basis Adjustment to Stock of S
Corporations Making Charitable Contributions of Property
(sec. 1367 of the Code)
B. Estimated Revenue Effects
INTRODUCTION
The House Committee on Ways and Means has scheduled a committee markup of H.R. 630, a bill to make permanent certain rules regarding basis adjustments to stock of S corporations making charitable contributions of property, on February 4, 2015. This document,1 prepared by the staff of the Joint Committee on Taxation, provides a description of the bill.
A. Permanent Rule Regarding Basis Adjustment to Stock of S
Corporations Making Charitable Contributions of Property
(sec. 1367 of the Code)
Present Law
Under present law, if an S corporation contributes money or other property to a charity, each shareholder takes into account the shareholder's pro rata share of the contribution in determining its own income tax liability.2 A shareholder of an S corporation reduces the basis in the stock of the S corporation by the amount of the charitable contribution that flows through to the shareholder.3
In the case of charitable contributions made in taxable years beginning before January 1, 2015, the amount of a shareholder's basis reduction in the stock of an S corporation by reason of a charitable contribution made by the corporation is equal to the shareholder's pro rata share of the adjusted basis of the contributed property. For contributions made in taxable years beginning after December 31, 2014, the amount of the reduction is the shareholder's pro rata share of the fair market value of the contributed property.
Description of Proposal
The proposal makes permanent the basis reduction rule applicable for contributions made in taxable years beginning before January 1, 2015.
Effective Date
The proposal applies to charitable contributions made in taxable years beginning after December 31, 2014.
B. Estimated Revenue Effects
Fiscal Years
[Millions of Dollars]
_____________________________________________________________________
2015 2016 2017 2018 2019 2020
_____________________________________________________________________
-23 -49 -53 -55 -57 -59
2021 2022 2023 2024 2025 2015-20 2015-25
_____________________________________________________________________
-61 -64 -68 -71 -75 -296 -635
FOOTNOTES
1 This document may be cited as follows: Joint Committee on Taxation, Description of H.R. 630, A Bill to Make Permanent Certain Rules Regarding Basis Adjustments to Stock of S Corporations Making Charitable Contributions of Property (JCX-16-15), February 3, 2015. This document can also be found on the Joint Committee on Taxation website at www.jct.gov.
2 Sec. 1366(a)(1)(A).
3 Sec. 1367(a)(2)(B).
END OF FOOTNOTES
DOCUMENT ATTRIBUTES
- Institutional AuthorsJoint Committee on Taxation
- Cross-Reference
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2015-2636
- Tax Analysts Electronic Citation2015 TNT 23-21