March 3, 2010, 12:00 am ET - Amendment SA 3382 proposed by Senator Stabenow to Amendment SA 3336.
March 4, 2010, 12:00 am ET - Considered by Senate.
March 4, 2010, 12:00 am ET - Amendment SA 3382 agreed to in Senate by Voice Vote.

Full Text of this Amendment

SA 3382. Ms. STABENOW (for herself, Mr. HATCH, Mr. SCHUMER, Mr. CRAPO, Mr. RISCH, Ms. SNOWE, Mr. BROWN of Ohio, and Mr. ENZI) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. BAUCUS to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; as follows:

At the end of title VI, add the following:
(a) In General.--Section 53 is amended by adding at the end the following new subsection:
"(g) Election for Corporations With Unused Credits.--
"(1) IN GENERAL.--If a corporation elects to have this subsection apply, then notwithstanding any other provision of law, the limitation imposed by subsection (c) for any such taxable year shall be increased by the AMT credit adjustment amount.
"(2) AMT CREDIT ADJUSTMENT AMOUNT.--For purposes of paragraph (1), the term `AMT credit adjustment amount' means with respect to any taxable year beginning in 2010, the lesser of--
"(A) 50 percent of a corporation's minimum tax credit determined under subsection (b), or
"(B) 10 percent of new domestic investments made during such taxable year.
"(3) NEW DOMESTIC INVESTMENTS.--For purposes of this subsection, the term `new domestic investments' means the cost of qualified property (as defined in section 168(k)(2)(A)(i))--
"(A) the original use of which commences with the taxpayer during the taxable year, and
"(B) which is placed in service in the United States by the taxpayer during such taxable year.
"(4) CREDIT REFUNDABLE.--For purposes of subsections (b) and (c) of section 6401, the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this subsection shall be treated as allowed under subpart C of such part (and not to any other subpart).
"(5) ELECTION.--
"(A) IN GENERAL.--An election under this subsection shall be made at such time and in such manner as prescribed by the Secretary, and once effective, may be revoked only with the consent of the Secretary.
"(B) INTERIM ELECTIONS.--Until such time as the Secretary prescribes a manner for making an election under this subsection, a taxpayer is treated as having made a valid election by providing written notification to the Secretary and the Commissioner of Internal Revenue of such election.
"(6) TREATMENT OF CERTAIN PARTNERSHIP INVESTMENTS.--For purposes of this subsection, any corporation's allocable share of any new domestic investments by a partnership more than 90 percent of the capital and profits interest in which is owned by such corporation (directly or indirectly) at all times during the taxable year in which an election under this subsection is in effect shall be considered new domestic investments of such corporation for such taxable year.
"(7) NO DOUBLE BENEFIT.--Notwithstanding clause (iii)(II) of section 172(b)(1)(H), any taxpayer which has previously made an election under such section shall be deemed to have revoked such election by the making of its first election under this subsection.
"(8) REGULATIONS.--The Secretary may issue such regulations or other guidance as may be necessary or appropriate to carry out this subsection, including to prevent fraud and abuse under this subsection.
"(9) TERMINATION.--This subsection shall not apply to any taxable year that begins after December 31, 2010.".
(b) Quick Refund of Refundable Credit.--Section 6425 is amended by adding at the end the following new subsection:
"(e) Allowance of AMT Credit Adjustment Amount.--The amount of an adjustment under this section as determined under subsection (c)(2) for any taxable year may be increased to the extent of the corporation's AMT credit adjustment amount determined under section 53(g) for such taxable year.".
(c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.
(a) In General.--Section 6041 is amended by adding at the end the following new subsection:
"(h) Treatment of Rental Property Expense Payments.--
"(1) IN GENERAL.--Solely for purposes of subsection (a) and except as provided in paragraph (2), a person receiving rental income from real estate shall be considered to be engaged in a trade or business of renting property.
"(2) EXCEPTIONS.--Paragraph (1) shall not apply to--
"(A) any individual, including any individual who is an active member of the uniformed services, if substantially all rental income is derived from renting the principal residence (within the meaning of section 121) of such individual on a temporary basis,
"(B) any individual who receives rental income of not more than the minimal amount, as determined under regulations prescribed by the Secretary, and
"(C) any other individual for whom the requirements of this section would cause hardship, as determined under regulations prescribed by the Secretary.".
(b) Effective Date.--The amendment made by this section shall apply to payments made after December 31, 2010.

(As printed in the Congressional Record for the Senate on Mar 3, 2010.)