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H.R. 6049, The Renewable Energy and Job Creation Act of 2008

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Comparing revision saved on May 28, 2008, 08:00:13 (Mac), with revision saved on October 9, 2008, 19:34:48 (webmaster):

H.R. 6049 would amend the [http://en.wikipedia.org/wiki/Internal_Revenue_Code Internal Revenue Code]Code of 1986 to provide incentives for energy production and conservation, to extend certain expiring provisions, to provide individual income tax relief.

== Detailed Summary ==

<summary>
Energy Improvement and Tax ExtendersExtension Act of 2008 - Amends the Internal Revenue Code to extend variousand modify expiring provisions relatingrelated to energy production and conservation and to individual and business-related activities.provide for revenue enhancements.

Extends through 2009<b>Title I: Energy Production Incentives</b> - <b>Subtitle A: Renewable</b> <b>Energy Incentives</b> - (Sec. 101) Extends the tax credit for producingthe production of electricity from renewable resources: (1) through 2009 for wind facilities and refined coal facilities; and (2) through 20112010 for closed and open-loop biomass, geothermal,geothermal or solar energy, small irrigation, hydropower,irrigation power, landfill gas, and trash combustioncombustion, and hydropower facilities. Includes marineModifies tax credit rules for refined coal, trash, and biomass facilities and hydrokinetic renewable energy as a renewable resource for purposes of such tax credit. hydropower production.

Extends through 2014: (1) the(Sec. 102) Includes marine and hydrokinetic renewable energy tax creditsas a resource for solar energy, fuel cell, and microturbine property; and (2)purposes of the residential energy efficient property tax credit.credit for producing electricity from renewable resources.

Increases(Sec. 103) Extends through 2016 the authorization levelsenergy tax credit for solar energy, fuel cell, and microturbine property. Allows a new clean renewable energy bonds. 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.

Allows(Sec. 104) Allows an energy tax creditscredit through 2016 for investment in advanced coal electricity and coal gasification projects.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.

Extends(Sec. 105) Allows an energy tax credit through 2018 the temporary increase in coal excise taxes. Sets forth special rules2016 for refunds of coal excise taxes to certain producersequipment which uses ground or exporters.ground water as a thermal energy source for heating or cooling (geothermal heat pump systems).

Directs(Sec. 106) Extends through 2016 the Secretary oftax credit for residential energy efficient property. Eliminates the Treasury to study and report to Congress on: (1) Internal Revenue Code provisions that havelimitation on the largest effects on carbon and other greenhouse gas emissions;tax credit for solar electric property. Allows a residential energy tax credit for 30% of small wind energy and (2) current biofuel production.geothermal heat pump property expenditures.

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

Extends through 2009 income and excise tax credits for biodiesel andthe authority to issue clean renewable diesel.energy bonds.

Allows(Sec. 108) Includes steel industry fuel as a renewable resource for purposes of the tax credit for new qualified plug-in electric drive motor vehicles.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.

Allows a tax credit against payroll liabilities(Sec. 109) Extends through 2009 the deferral of New York Liberty Zone governmental units (i.e., New York State,tax on the Citygain on sales of New York, or any agencies or instrumentalities thereof) for expenditures involving transportation infrastructure projects in or connecting withtransmission property by vertically-integrated electric utilities to independent transmission companies approved by the New York Liberty Zone.Federal Energy Regulatory Commission (FERC).

Increases<b>Subtitle B: Carbon Mitigation and extends through 2010 theCoal Provisions</b> - (Sec. 111) Allows a 30% investment tax credit rate for advanced coal-based generation technology projects and increases the maximum credit amounts allocable for alternative fuel vehicle refueling property expenditures.such projects to $2.55 billion.

Extends through 2013 the tax deduction forAuthorizes additional carbon energy efficient commercial building expenditures.projects, including projects for the capture and and sequestration of carbon dioxide.

Extends through 2009(Sec. 112) Increases to 30% the investment tax credit rate for energy efficient appliances.coal gasification projects and the aggregate credit amount for such projects.

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

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(Sec. 114) Sets forth special rules relating to regulated investment companies and for charitable contributionsrefund claims 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 incomecoal excise 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;by certain coal producers and (8) the tax credit for nonbusiness energy property.exporters.

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(Sec. 115) Allows 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 opportunitynew tax credit eligibility for Hurricane Katrina employees; and (14) increases in alcohol excise taxes payable to Puerto Rico and the Virgin Islands.carbon dioxide sequestration.

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(Sec. 116) Provides for the tax treatment of payments between related controlled foreign corporations; and (4) expensing of costs of certain filmincome and television productions.gains from industrial source carbon dioxide as qualifying income for publicly traded partnerships.

Makes permanent authorities for: (1)(Sec. 117) Directs the Secretary of the Treasury to contract with the National Academy of Sciences for a comprehensive review of Internal Revenue Service (IRS) disclosureCode provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of tax information relatingthose effects. Requires the Academy to terrorist activities; (2) IRS undercover operations; and (3) Social Security Administration (SSA) disclosurereport to Congress on the results of tax information for veterans' benefit determinations.such study not later than two years after the enactment of this Act. Authorizes appropriations.

Allows individual taxpayers an additional standard tax deduction in 2008 for state<b>Title II: Transportation and local realDomestic Fuel Security Provisions</b> - (Sec. 201) Includes cellulosic biofuel within the definition of biomass ethanol plant property taxes.for purposes of bonus depreciation.

Lowers in 2008 (from $10,000 to $8,500) the earned(Sec. 202) Extends through 2009 income threshold amountand excise tax credits for determiningbiodiesel and renewable diesel used as fuel. Increases the refundable portionrates of the child tax credit.such credits.

Increases(Sec. 203) Disqualifies foreign-produced fuel that is used or sold for use outside the AMT refundable credit amount for individual taxpayers with long-term unusedUnited States from the income and excise tax credits in prior taxable years. Abates any underpayment of taxfor alcohol, biodiesel, and related interest and penalties attributable to the application of special AMT rules for the treatment of incentive stock options.alternative fuel production.

Allow attorneys a tax deduction in(Sec. 204) Extends through 2009 the current taxable yearexcise tax credit for reimbursable expensesalternative fuel and court costs which they payfuel mixtures. Requires such fuels to include compressed or incur in connection with contingency fee cases.liquefied biomass gas and to meet certain carbon capture requirements.

Modifies criteria(Sec. 205) Allows a new tax credit for penalties on tax return preparers who understate tax liabilities.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.

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(Sec. 206) Allows an amended tax return to disallowexclusion from the casualty loss deduction without payment of anyheavy truck excise tax penalty. Waives deadlines for starting construction for propertyidling reduction devices and advanced insulation used in the Gulf Opportunity (GO) Zone eligible for bonus depreciation. Includes Colbertcertain heavy trucks and Dallas Counties in Alabama within the GO Zone for purposes of tax-exempt bond financing.trailers.

Sets forth revenue provisions relating to:(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.

<b>Title III: Energy Conservation and Efficiency Provisions</b> - (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.

<b>Title IV: Revenue Provisions</b> - 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.

<b>Division B: Tax Extenders and Alternative Minimum Tax Relief</b> - Tax Extenders and Alternative Minimum Tax Relief Act of 2008 - <b>Title I: Alternative Minimum Tax Relief</b> - (Sec. 101) Amends the Internal Revenue Code to extend through 2008 for individual taxpayers:
(1) the inclusionoffset 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.

<b>Title II: Extension of Individual Tax Provisions</b> - (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 deferredtax 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.

<b>Title III: Extension of Business Tax Provisions</b> - (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.

<b>Title IV: Extension of Tax Administration Provisions</b> - (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.

<b>Title V: Additional Tax Relief and Other Tax Provisions - Subtitle A: General Provisions -</b> (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 paidfor 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 foreign entities;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 <i>In re Exxon Valdez</i>, 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) increasesmake a limited contribution of such settlement income to certain tax-exempt retirement plans in estimatedthe 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.

<b>Subtitle B: Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 - </b>Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008<b> - </b>(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.

<b>Title VI: Other Provisions - </b>(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 large corporations. Delays until 2019projects. 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 applicationSecure Rural Schools and Community Self-Determination Act of special rules2000.

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 worldwide allocationapplicable fiscal year and each of interestthe 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 purposesthe benefit of computingpublic 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.

<b>Title VII: Disaster Relief - Subtitle A: Heartland and Hurricane Ike Disaster Relief - </b>Heartland Disaster Tax Relief Act of 2008<b> - </b> 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.

<b>Subtitle B: National Disaster Relief</b> - (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 foreignPresident to warrant federal assistance under the Robert T. Stafford Relief and Emergency Assistance Act.

Increases the standard
tax credit. 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.

<b>Title VIII: Spending Reductions and Appropriate Revenue Raisers for New Tax Relief Policy</b> - (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.

</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 5/21/2008:9/23/2008: Passed/agreed to in House.Senate. Status: On passage Passed Senate with an amendment by recorded vote: 263Yea-Nay. 93 - 160 (Roll no. 344).2. Record Vote Number: 205.
</status>

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== Points in Favor ==

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== Points Against ==

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== See also ==
* http://en.wikipedia.org/wiki/Internal_Revenue_Code
* http://www.opencongress.org/bill/110-h6049/show
* [http://waysandmeans.house.gov/media/pdf/110/bill.pdf Text] (pdf)http://waysandmeans.house.gov/media/pdf/110/bill.pdf :Text

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Visitor Comments Comments Feed for This Bill

Jennifer

May 16, 2008, 4:31pm (report abuse)

Sounds like a winner!

Michael

May 16, 2008, 4:47pm (report abuse)

This looks like just what our economy needs to get going.

Sherri

May 19, 2008, 6:38am (report abuse)

Great stimulus package!

Lynn S.

May 19, 2008, 8:15am (report abuse)

Great piece of legislation!

mary

May 19, 2008, 10:04am (report abuse)

This sounds like a great boost to the economy, just what we need

Thomas

May 20, 2008, 9:24am (report abuse)

Congress needs to pass this quickly.

JMS

May 21, 2008, 8:14am (report abuse)

I am glad congress has finally developed a plan to address the energy crisis in our country.

MTS

May 21, 2008, 1:00pm (report abuse)

It's about time we started dealing with the energy crisis. We need this bill passed as soon as possible.

Bill

May 22, 2008, 9:00am (report abuse)

Let's hope the Senate doesn't hold this up.

Kathryn

May 22, 2008, 10:13pm (report abuse)

I hope the senate follows the house's lead and quickly passes this bill.

Jim

May 27, 2008, 9:06am (report abuse)

I'm glad the house has decided to address the energy crisis. I hope the Senate and President pass this bill.

I . H. Smith

June 2, 2008, 10:29am (report abuse)

I'm glad this legislation went through. The energy crisis must be dealt with quickly and efficiently.

John

June 11, 2008, 2:31pm (report abuse)

This looks like it was a great idea, to bad it was killed in the senate.

Jay

June 12, 2008, 1:07pm (report abuse)

It's not dead yet. Everyone in support of this bill, including myself, needs to contact their senators and let them know that this bill needs to be passed. If the Republicans want to twiddle their thumbs instead of taking action, then we need make them suffer in the November elections, and I have long considered myself a Republican

Mike

June 12, 2008, 6:21pm (report abuse)

I've voted Republican for 20 years, but the Republicans are wrong to hold up this bill because it is offset by closing a loophole allowing hedge fund managers not to have to report income. They claim they appose this bill because it is a tax on the middle class, but that is not the case. This loophole is for billionaires who get to defer taxable income. The bill provides tax breaks for the middle class.

Matthew

June 16, 2008, 2:29pm (report abuse)

The USG and US citizens can not afford to allow this opportunity to pass like we did in the 1973 OPEC Oil Crisis. Green energy is not the sole answer, but it will start to wean our economy from dependence on foreign oil and spurn green jobs in the US that cannot be outsourced. Technologies in green energy like geothermal are making it more affordable and cost effective.
Geothermal energy is available 24 hours a day, 365 days a year. Geothermal power plants have average availabilities of 90% or higher, compared to about 75% for coal plants.

Check out MIT’s report on geothermal http://geothermal.inel.gov/publications/future_of_geothermal_energy.pdf

See what states in the US can benefit / are benefiting from geothermal.
http://geothermal.inel.gov/publications/future_of_geothermal_energy.pdf

joe hines

June 17, 2008, 10:13am (report abuse)

reduce government and spending. IMPEACH BUSH AND ALL OF HIS BROWN SHIRT NEO-CON OUTLAWS!!!!!!!!!!!!. ALSO FIRE NANCY POLISE NOW!!!!!!!!!!.

Entrench

July 2, 2008, 1:32pm (report abuse)

It's a good bill with a lot of add ons that I'm not a fan of. I wish they would fix it where the add on provisions could not be included unless they directly related to the primary bill. How does a child tax credit relate to "green jobs"? It doesn't. We have to quit rewarding people for having children they can't afford at tax payers expense. That aside I would approve but if we do not resolve illegal immigration than these "green jobs" will simply become more jobs given to illegals since companies will claim Americans won't do them.

Joe Pozak

July 11, 2008, 3:02pm (report abuse)

It is time to stop be held hostage by fat cats big oil and monopolistic utility companies. Add in the drain on the economy to foreign nations who hate what we stand for and want to Kill is and our way of life.
Add in the myopic vision by own non-existent energy policy and the government officials in the oil mongers Pocket such as Rice, Busch and many others you have a recipe for disaster.
A YES Vote for in the HR 6049 is of paramount importance to the American way of life. The Renewable Energy future is now. Passing this bill will pave the way for the American people to stop being held hostage.
If you do not write you representatives and urge everyone you know to do the same then you are a victim of the Stockholm syndrome currently in place by our own lack of leadership, monopolistic utilities and worst of all big oil pocketing recorded profits at the expense of the American public.
Joe Pozak

Joe

July 17, 2008, 4:59am (report abuse)

It will be very difficult to restrict the biodiesel credit to US consumed or produced biodiesel without it being a plain and direct infrigement of the prohibition of export subsidies under WTO rules. Europe has already opened a thorough investigation into the imports of subsidized US biodiesel which could very well lead to the adoption of a provisional tariff to compensate for the unfair advantage given to US producers. Competition should occur on a level playing field and distorsions are what cost the US taxpayers and ultimately what lead to higher prices crippling the customers' budget.
Farmers already benefit from record high food prices. They do not need additional subsidies.

George

July 20, 2008, 12:46am (report abuse)

After watching the movie "Who killed the Electric Car" I'm mad as a Hornet. The Govt, Big Oil, and the car makers have us in this mess we're in today and it's about time to reverse course and HR-6049 is a good place to start. My next car will be an electric and the tax credits in this bill will make the purchase affordable. I sick of hearing the same old talk about increase drilling, this will not help the planet, nor help us right now. Renewable energy is the way to go.

Joe Pozak

July 20, 2008, 1:42pm (report abuse)

I am very happy Bill 6049 pasted but am shocked to learn my congress woman voted against the Bill. MS. Jean Schmidt D-Ohio. What I find shocking is she is on the Subcommittee on Conservation, Credit, Energy, and Research. Holy COW How could this person be so wrong!!! I urge you to check to see if your Rep. Voted against such positive legislation.

Johnny

September 22, 2008, 1:54pm (report abuse)

To Jay(Rockefellar) --why did it take the DEMOCRATIC SO LONG TO COME UP WITH A AGREEABLE IDEA--BECAUSE OF ELECTION YEAR? yOU NEED ALL TO WORK TOGETHER INSTEAD OF FOR YOUR JOB ALONE-REMEMBER-YOU WERE ELECTED BUY THE PEOPLE-TO WORK FOR THE PEOPLE

Martin

September 22, 2008, 6:06pm (report abuse)

Why does it cost the taxpayers to create more jobs? This sounds so socialist it's not even funny.

Marc

September 23, 2008, 6:47pm (report abuse)

The future of our kids depends on finding solutions to our dwindling supply of world oil. Money invested now will be hugely leveraged if it accelerates our ability to become energy independant from the OPEC nations. Right now we are hostage to them and the war in Iraq is proof of that. Please support this bill

John

October 2, 2008, 1:36pm (report abuse)

It's about time we are waking up and doing something about our addiction to oil. Now how about a law to prevent my home owners association from prohibiting me to install a solar system?

Bill Marley

October 4, 2008, 9:02pm (report abuse)

True energy independence is weaning people off the utilities co.'s and the corrupt people who regulate them. HR 6049 will do that.

Bill Marley

October 4, 2008, 9:12pm (report abuse)

You have comments that make no sense grammatically or structurally. I speak of a wolf in sheeps clothing and it ends up on the cutting floor. It't people who call themselves Democrars and then vote like Inhof. Rep. Dan Boren needs to go. He voted to give oil more money instead of this bill on the first time through when it failed.Independence from the utility co.'s and the piranha's who regulate them. (corp. comm.) I hope wrong way Bill White reads this.

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