15 after such date in a rehabilitation which
16 meets requirements based on the principles
17 of section 42(e)(3).
18 "(3) Rental of tangible personal prop-
19 erty. — The rental to others of tangible personal
20 property shall be treated as a qualified business if
21 and only if substantially all of the rental of such
22 property is by enterprise zone businesses or by resi-
23 dents of a tax enterprise zone.
24 "(4) Treatment of business holding in-
25 TANGIBLES. — The term 'qualified business' shall not
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1 include any trade or business consisting predomi-
2 nantly of the development or holding of intangibles
3 for sale or license.
4 "(5) Certain businesses excluded. — The
5 term 'qualified business' shall not include —
6 "(A) any trade or business consisting of
7 the operation of any facility described in section
8 144(c)(6)(B), and
9 "(B) any trade or business the principal
10 activity of which is farming (within the meaning
11 of subparagraphs (A) or (B) of section
12 2032A(e)(5)), but only if, as of the close of the
13 preceding taxable year, the sum of —
I'* "(i) the aggregate unac^usted bases
15 (or, if greater, the fair market value) of
16 the assets owned by the taxpayer which are
17 used in such a trade or business, and
18 "(ii) the aggregate value of assets
19 leased by the taxpayer which are used in
20 such a trade or business,
21 exceeds $500,000.
22 For purposes of subparagraph (B), rules similar to
23 the rules of section 1395(b) shall apply.
24 "(e) Nonqualified Financml Property.— For
25 purposes of this section, the term 'nonqualified financial
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1 property* means debt, stock, partnership interests, op-
2 tions, futures contracts, forward contracts, warrants, no-
3 tional principal contracts, annuities, and other similar
4 property specified in regulations; except that such term
5 shall not include —
6 "(1) reasonable amounts of working capital
7 held in cash, cash equivalents, or debt instruments
8 with a term of 18 months or less, or
9 "(2) debt instruments described in section
10 1221(4).
1 1 ''Subpart C — Regulations
"Sec. 1397C. Regulations.
12 '^EC. 1397C. REGULATIONS.
13 "The Secretary shall prescribe such regulations as
14 may be necessary or appropriate to carry out the purposes
15 of this part, including —
16 "(1) regulations limiting the benefit of this part
17 in circumstances where such benefits, in combination
18 with benefits provided under other Federal pro-
19 grams, would result in an activity being 100 percent
20 or more subsidized by the Federal Government,
21 "(2) regulations preventing abuse of the provi-
22 sions of this part, and
23 "(3) regulations dealing with inadvertent fail-
24 ures of entities to be qualified zone businesses.".
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1 (b) Clerical Amendment. — The table of sub-
2 chapters for chapter 1 of such Code is amended by insert-
3 ing after the item relating to subchapter T the following
4 new item:
"Subchapter U. Designation and treatment of tax enterprise
zones.".
5 SEC. 412. TECHNICAL AND CONFORMING AMENDMENTS.
6 (a) Enterprise Zone Employment Credit Part
7 OF General Business Credit. —
8 (1) Subsection (b) of section 38 of the Internal
9 Revenue Code of 1986 (relating to current year
10 business credit) is amended by striking "plus" at the
11 end of paragraph (6), by striking the period at the
12 end of paragraph (7) and inserting ", plus", and by
13 adding at the end the following new paragraph:
14 "(8) the enterprise zone employment credit de-
15 termined under section 1394(a).".
16 (2) Subsection (d) of section 39 of such Code
17 is amended by adding at the end thereof the foUow-
18 ing new paragraph:
19 "(3) No CARRYBACK OP SECTION 1394 CREDIT
20 BEFORE ENACTMENT. — No portion of the unused
21 business credit for any taxable year which is attrib-
22 utable to the enterprise zone employment credit de-
23 termined under section 1394 may be carried to a
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1 taxable year ending before the date of the enactment
2 of section 1394.".
3 (b) NONITEMIZERS ALLOWED DEDUCTION FOR EN-
4 TERPRISE Zone Stock. — Subsection (a) of section 62 of
5 such Code is amended by adding at the end thereof the
6 following new paragraph:
7 "(14) Enterprise zone stock. — The deduc-
8 tion allowed by section 1396.".
9 (c) Denial of Deduction for Portion of Wages
10 Equal to Enterprise Zone Employment Credit. —
11 (1) Subsection (a) of section 280C of such Code
12 (relating to rule for targeted jobs credit) is
13 amended —
14 (A) by striking "the amount of the credit
15 determined for the taxable year under section
16 51(a)" and inserting "the sum of the credits
17 determined for the taxable year under sections
18 51(a) and 1394(a)", and
19 (B) by striking "Targeted Jobs Cred-
20 it" in the subsection heading and inserting
21 "Employment Credits".
22 (2) Subsection (c) of section 196 of such Code
23 (relating to deduction for certain unused business
24 credits) is amended by striking "and" at the end of
25 paragraph (4), by striking the period at the end of
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1 paragraph (5) and inserting ", and", and by adding
2 at the end the following new paragraph:
3 "(6) the enterprise zone employment credit de-
4 termined under section 1394(a).".
5 (d) Other Amendments. —
6 (1)(A) Section 172(d)(2) of such Code (relating
7 to modifications with respect to net operating loss
8 deduction) is amended to read as follows:
9 "(2) Capital gains and losses of tax-
10 payers other than corporations. — In the case
11 of a taxpayer other than a corporation —
12 "(A) the amount deductible on account of
13 losses from sales or exchanges of capital assets
14 shall not exceed the amount includable on ac-
15 count of gains from sales or exchanges of cap-
16 ital assets; and
17 "(B) the exclusion provided by section
18 1397 shall not be allowed.".
19 (B) Subparagraph (B) of section 172(d)(4) of
20 such Code is amended by inserting **, (2)(B)," after
21 "paragraph (1)".
22 (2) Subsection (c) of section 381 of such Code
23 (relating to carryovers in certain corporate acquisi-
24 tions) is amended by adding at the end the following
25 new paragraph:
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1 "(26) Enterprise zone provisions. — The
2 acquiring corporation shall take into account (to the
3 extent proper to cany out the puqx)ses of this sec-
4 tion and subchapter U, and under such regulations
5 as may be prescribed by the Secretary) the items re-
6 quired to be taken into account for purposes of sub-
7 chapter U in respect of the distributor or transferor
8 corporation.".
9 (3) Paragraph (4) of section 642(c) of such
10 Code is amended to read as follows:
11 "(4) Adjustments. — To the extent that the
12 amount otherwise allowable as a deduction under
13 this subsection consists of gain described in section
14 1397(a), proper adjustment shall be made for any
15 exclusion allowable to the estate or trust under sec-
16 tion 1397. In the case of a trust, the deduction al-
17 lowed by this subsection shall be subject to section
18 681 (relating to unrelated business income).".
19 (4) Paragraph (3) of section 643(a) of such
20 Code is amended by adding at the end thereof the
21 following new sentence: "The exclusion under section
22 1397 shall not be taken into account.".
23 (5) Paragraph (4) of section 691(c) of such
24 Code is amended by striking "1201, and 1211" and
25 inserting "1201, 1397, and 1211".
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1 (6) The second sentence of paragraph (2) of
2 section 871(a) of such Code is amended by inserting
3 "such gains and losses shall be determined without
4 regard to section 1397 and" after "except that".
5 (7) Paragraph (1) of section 1371(d) of such
6 Code (relating to coordination with investment credit
7 recapture) is amended by inserting before the period
8 at the end the following "and for purposes of section
9 1394(d)(3)".
10 (8) Subsection (a) of section 1016 of such Code
11 (relating to adjustments to basis) is amended by
12 striking "and" at the end of paragraph (23), by
13 striking the period at the end of paragraph (24) and
14 , inserting a semicolon, and by adding at the end
15 thereof the following new paragraphs:
16 "(25) in the case of stock with respect to which
17 a deduction was allowed under section 1396(a), to
18 the extent provided in section 1396(e); and
19 "(26) in the case of property the acquisition of
20 which resulted under section 1397A in the non-
21 recognition of any part of the gain realized on the
22 sale or exchange of other property, to the extent pro-
23 vided in section 1397A(e).".
24 (9) Section 1223 of such Code (relating to hold-
25 ing period of property) is amended by redesignating
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1 paragraph (15) as paragraph (16) and by inserting
2 after paragraph (14) the following new paragraph:
3 "(15) In determining the period for which the
4 taxpayer has held property the acquisition of which
5 resulted under section 1397A in the nonrecognition
6 of any part of the gain realized on the sale or ex-
7 change of any qualified zone asset (as defined in sec-
8 tion 1397A(b)), there shall be included the period
9 for which such asset had been held as of the date
10 of such sale or exchange.".
1 1 SEC. 413. EFFECTIVE DATE.
12 (a) General Rule. — The amendments made by this
13 subtitle shall take effect on the date of the enactment of
14 this Act.
15 (b) REQuraEMENT FOR RULES. — Not later than the
16 date 4 months after the date of the enactment of this Act,
17 the appropriate Secretaries shall issue rules —
18 (1) establishing the procedures for nominating
19 arcEis for designation as tax enterprise zones,
20 (2) establishing a method for comparing the
21 factors listed in section 1392(d) of the Internal Rev-
22 enue Code of 1986 (as added by this part),
23 (3) establishing recordkeeping requirements
24 necessary or appropriate to assist the studies re-
25 quired by subtitle E, and
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1 (4) providing that State and local governments
2 shall have at least 30 days after such rules are pub-
3 lished to file applications for nominated areas before
4 such applications are evaluated and compared and
5 any area designated as a tax enterprise zone.
6 Subtitle B — Redevelopment Bonds
7 for Tax Enterprise Zones
8 SEC. 421. SPECIAL RULES FOR REDEVELOPMENT BONDS
9 PROVroiNG FINANCING FOR TAX ENTER-
IC PRISE ZONES.
11 (a) In General. — Subsection (c) of section 144 of
12 the Internal Revenue Code of 1986 (relating to qualified
13 redevelopment bonds) is amended by adding at the end
14 thereof the following new paragraph:
15 "(9) SpECUL RULES FOR TAX ENTERPRISE
16 ZONES. — For purposes of this subsection, in the case
17 of bonds issued during the 60-month period begin-
18 ning on the date a tax enterprise zone is
19 designated —
20 "(A) Treatment as designated
21 blighted area. — Such tax enterprise zone
22 shall be treated as a designated blighted area
23 during such 60-month period (or, if shorter, the
24 period such designation' is in effect). Any area
25 designated by reason of the preceding sentence
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1 shall not be taken into account in applying
2 paragraph (4)(C),
3 "(B) Security for bonds.— The require-
4 ments of paragraph (2)(B) shall be treated as
5 met with respect to a financed area that is
6 within a tax enterprise zone if the general pur-
7 pose governmental unit guarantees the payment
8 of principal and interest on the issue either di-
9 rectly or through insurance, a letter of credit,
10 or a similar agreement but only if the cost
11 thereof is financed other than with proceeds of
12 any tax-exempt private activity bond or eam-
13 ings on such proceeds.
14 "(C) Expansion of redevelopment
15 PURPOSES. —
16 "(i) In GENERAL. — The term 'redevel-
17 opment purposes' includes the making of
18 loans to any enterprise zone business (as
19 defined in section 1397B) for—
20 "(I) the acquisition of land with-
21 in the tax enterprise zone for use in
22 such business, or
23 "(11) the acquisition, construc-
24 tion, reconstruction, or improvement
25 by such business of land, or property
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1 of a character subject to the allowance
2 for depreciation, for use in such busi-
3 ness.
4 "(ii) $2,500,000 LIMITATION.— Clause
5 (i) shall apply to loans made to any enter-
6 prise zone business only if the aggregate
7 principal amount of such loans (whether or
8 not financed by the same issue) does not
9 exceed $2,500,000. For purposes of the
10 preceding sentence, all persons treated as a
11 single employer under subsection (a) or (b)
12 of section 52 shall be treated as 1 person,
13 "(iii) Loans must be made witihn
14 18 months after bonds ISSUED; REPAY-
15 MENTS MUST BE USED FOR REDEMP-
16 TIONS. — Clause (i) shall apply only to
17 loans —
18 "(I) made during the 18-month
19 period beginning on the date of issu-
20 ance of the issue financing such loan,
21 "(II) repayments of principal on
22 which are used not later than the
23 close of the 1st semiannual period be-
24 ginning after the date the repayment
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1 is received to redeem bonds which are
2 part of such issue, and
3 "(HI) the effective rate of inter-
4 est on which does not exceed the yield
5 on the issue by more than 0.125 per-
6 centage points.
7 In determining the effective rate of interest
8 for purposes of subclause (III), there shall
9 be taken into account all fees, charges, and
10 other amounts (other than amounts for
11 any credit report) borne by the borrower
12 which are attributable to the loan or the
13 bond issue.
14 "(iv) Housing loans excluded. —
15 Clause (i) shall not apply to any loan to be
16 used directly or indirectly to provide resi-
17 dential real property.
18 "(v) Coordination with restric-
19 tions on use of proceeds. — Paragraphs
20 (6) and (8) shall apply notA\ithstanding
21 clause (i); except that in apphing para-
22 graph (6), subsection (a)(8) shall be treat-
23 ed as not including a reference to a facility
24 the primary purpose of which is retail food
25 services.
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1 "(D) Issuer to designate amount op
2 ISSUE TO BE USED FOR LOANS. — Subparagraph
3 (C) shall not apply with respect to any issue
4 unless the issuer designates before the date of
5 issuance the amount of the proceeds of such
6 issue which is to be used for loans to which
7 subparagraph (C)(i) applies. If such amount ex-
8 ceeds the principal amount of loans to which
9 subparagraph (C)(i) applies, an amount of pro-
10 ceeds equal to such excess shall be used not
11 later than the close of the 1st semiannual pe-
12 riod beginning after the close of the 18-month
13 period referred to in subparagraph (C)(iii) to
14 redeem bonds which are part of such issue.
15 "(E) DE minimis REDEMPTIONS NOT RE-
16 QUIRED. — Subparagraphs (C)(iii) and (D) shall
17 not be constnied to recjuire amounts of less
18 than $250,000 to be used to redeem bonds. The
19 Secretary' may by regulation treat related issues
20 as 1 issue for purix)scs of the preceding sen-
21 tence.
22 "(F) Penalty.—
23 "(i) In general. — In the case of
24 property with respect to which financing
25 was proxided under this paragraph, if at
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1 any time during the 10-period beginning
2 on the date such financing was pro\ided —
3 "(I) such property ceases to be in
4 use in an enterprise zone business (as
5 defined in section 1397B), or
6 "(II) substantially all of the use
7 of such property ceases to be in a tax
8 enterprise zone,
9 there is hereby imposed on the trade or
10 business to which such financing was pro-
11 vided a penalty equal to 1.25 percent of so
12 much of the face amount of all financing
13 provided (whether or not from the same
14 issue and whether or not such issue is out-
15 standing) before such cessation to the
16 trade or business using such property.
17 "(ii) No PENALTi' BY REASON OF
18 ZONE TERMINATION. — No penalty shall be
19 imposed under clause (i) solely by reason
20 of the termination or revocation of a tax
21 enterprise zone designation.
22 "(iii) Exception for bank-
23 RUPTCY. — Clause (i) shall not apply to any
24 cessation resulting fixjm bankruptcy.".
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1 (b) Volume Cap Only Charged With 50 Per-
2 cent of Tax Enterprise Zone Rede\'elopment
3 Bonds. — Subsection (g) of section 146 of such Code is
4 amended by striking "and" at the end of paragraph (3),
5 by striking the period at the end of paragraph (4) and
6 inserting ", and", and by adding at the end thereof the
7 follo^^^ng new paragraph:
8 "(5) 50 percent of any quahfied redevelopment
9 bond issued —
10 "(A) as part of an issue 95 percent or
11 more of the net proceeds of which are to be
12 used for 1 or more redevelopment purposes (as
13 defined in section 144(c)) in a tax enterprise
14 zone, and
15 "(B) during the 60-month period begin-
16 ning on the date of the designation of such
17 zone.".
18 (c) Penalties for Loans Made To Businesses
19 That Cease To Be Enterprise Zone Businesses,
20 Etc. — Subsection (b) of section 150 of such Code is
21 amended by adding at the end thereof the following new
22 paragraph:
23 "(6) Enterprise zone redevelopment
24 BONDS. — In the case of any financing provided by
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1 an issue the interest on which is exempt from tax by
2 reason of section 144(c)(9) —
3 "(A) In general. — No deduction shall be
4 allowed under this chapter for interest on such
5 financing which accrues during the period be-
6 ginning on the first day of the calendar year
7 which includes the date on which —
8 "(i) the trade or business to which the
9 financing was provided ceases to be £in en-
10 terprise zone business (as defined in sec-
11 tion 1397B), or
12 "(ii) substantially all of the use of the
13 property (determined in accordance with
14 subchapter U) with respect to which the fi-
15 nancing was provided ceases to be in a tax
16 enterprise zone.
17 The preceding sentence shall not apply solely by
18 reason of the termination or revocation of a tax
19 enterprise zone designation.
20 "(B) Exception for bankruptcy. — This
21 paragraph shall not apply to any cessation re-
22 suiting from bankruptcy.".
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1 Subtitle C— Credit for Contribu-
2 tions to Certain Community De-
3 velopment Corporations
4 SEC. 431. CBEDIT FOR CONTRmUTIONS TO CERTAIN COM-
5 BlUNmr DEVELOPBfENT CORPORATIONS.
6 (a) In General.— For purposes of section 38 of the
7 Internal Revenue Code of 1986, the current year business
8 credit shall include the credit determined under this sec-
9 tion.
10 (b) Determination of Credit. — The credit deter-
1 1 mined under this section for each taxable year in the credit
12 period with respect to any qualified CDC contribution
13 made by the taxpayer is an amount equal to 5 percent
14 of such contribution.
15 (c) Credit Period. — For purposes of this section,
16 the credit period with respect to any qualified CDC con-
17 tribution is the period of 10 taxable years beginning with
18 the taxable year during which such contribution was made.
19 (d) Qualified CDC Contribution. — For purposes
20 of this section —
21 (1) In general.— The term "quaUfied CDC
22 contribution" means any transfer of cash —
23 (A) which is made to a selected community
24 development corporation during the 5-year pe-
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1 riod beginning on the date such corporation was
2 selected for purposes of this section,
3 (B) the amount of which is available for
4 use by such corporation for at least 10 years,
5 (C) which is to be used by such corpora-
6 tion for qualified low-income assistance within
7 its operational area, and
8 (D) which is designated by such corpora-
9 tion for purposes of this section.
10 (2) Limitations on amount designated. —
1 1 The a^regate amount of contributions to a selected
12 community development corporation which may be
13 designated by such corporation shall not exceed
14 $2,000,000.
15 (e) Selected Community Development Cor-
16 PORATIONS. —
17 (1) In general. — For purposes of this section,
18 the term "selected community development corpora-
19 tion" means any corporation —
20 (A) which is described in section 501(c)(3)
21 of such Code and exempt from tax under sec-
22 tion 501(a) of such Code,
23 (B) the principal purposes of which inclii^e
24 promoting employment of, and business oppor-
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1 tunities for, low-income individuals who are
2 residents of the operational area, and
3 (C) which is selected by the Secretary of
4 Housing and Urban Development for purposes
5 of this section.
6 (2) Only lo corporations may be se-
7 LECTED. —
8 (A) In general. — The Secretary of Hous-
9 ing and Urban Development may select 10 cor-
10 porations for purposes of this section, subject to
1 1 the availabiUty of ehgible corporations. Such se-
12 lections may be made only before January 1,
13 1995. At least 4 of the operational areas of the
14 corporations selected must be rural areas (as
15 defined by section 1393(6) of such Code).
16 (B) Priority op designations. — In se-
17 lecting corporations for purposes of this section,
18 such Secretary shall give priority to corpora-
19 tions with a demonstrated record of perform-
20 ance in administering community development
21 programs which target at least 75 percent of
22 the jobs emanating from their investment funds
23 to low income or unemployed individuals.
24 (3) Operational areas must have certain
25 characteristics. — ^A corporation may be selected
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1 for purposes of this section only if its operational
2 area meets the following criteria:
3 ' (A) The area meets the size requirements
4 under paragraph (1)(C) or (2)(C) of section
5 1391(b) which would apply if such area were to
6 be designated as a tax enterprise zone.
7 (B) The unemployment rate (as deter-
8 mined by the appropriate available data) is not
9 less than the national unemployment rate.
10 (C) The median family income of residents
11 of such area does not exceed 80 percent of the
12 median gross income of residents of the juris-
13 diction of the local government which includes
14 such area.
15 (f) Qualified Low-Income Assistance. — For pur-
16 poses of this section, the term "qualified low-income as-
17 sistance" means assistance —
18 (1) which is designed to provide employment of,
19 and business opportunities for, low-income individ-
20 uals who are residents of the operational area of the
21 community development corporation, and
22 (2) which is approved by the Secretary of Hous-
23 ing and Urban Development.
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1 Subtitle D — Indian Employment
2 and Investment
3 SEC. 441. INVESTMENT TAX CREDIT FOR PROPERTY ON IN-
4 DIAN RESERVATIONS.
5 (a) Allowance of Indian Reservation Cred-
6 IT. — Section 46 of the Internal Revenue Code of 1986 (re-
7 lating to investment credits) is amended by striking "and"
8 at the end of paragraph (2), by striking the period at the
9 end of paragraph (3) and inserting ", and", and by adding
10 after paragraph (3) the following new paragraph:
11 *'(4) the Indian reservation credit.".
12 (b) Amount of Indian Reservation Credit. —
13 (1) In general. — Section 48 of such Code (re-
14 lating to the energy credit and the reforestation
15 credit) is amended by adding after subsection (b)
16 the following new subsection:
17 "(c) Indian Reservation Credit. —
18 "(1) In general. — For purposes of section 46,
19 the Indian reservation credit for any taxable year is
20 the Indian reservation percentage of the qualified in-
21 vestment in qualified Indian reservation property
22 placed in service during such taxable year, deter-
23 mined in accordance with the following table: