To provide a temporary increase in the limitation on deductible contributions made for relief efforts related to Hurricane Dorian.

I 116TH CONGRESS 1ST SESSION H. R. 4415 To provide a temporary increase in the limitation on deductible contributions made for relief efforts related to Hurricane Dorian. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 19, 2019 Mr. DIAZ-BALART (for himself, Ms. SHALALA, and Mr. SPANO) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide a temporary increase in the limitation on deduct- ible contributions made for relief efforts related to Hurri- cane Dorian. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. TEMPORARY INCREASE IN LIMITATION ON DE- 3 DUCTIBLE CONTRIBUTIONS MADE FOR RE- 4 LIEF EFFORTS RELATED TO HURRICANE DO- 5 RIAN. 6 (a) SUSPENSION OF CURRENT LIMITATION.—Except 7 as otherwise provided in paragraph (2), qualified contribu- 8 tions shall be disregarded in applying subsections (b) and 9 (d) of section 170 of the Internal Revenue Code of 1986. 10 VerDate Sep 11 2014 02:00 Sep 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4415.IH H4415 kjohnson on DSK79L0C42 with BILLS 2 •HR 4415 IH (b) APPLICATION OF INCREASED LIMITATION.—For 1 purposes of section 170 of the Internal Revenue Code of 2 1986— 3 (1) INDIVIDUALS.—In the case of an indi- 4 vidual— 5 (A) LIMITATION.—Any qualified contribu- 6 tion shall be allowed as a deduction only to the 7 extent that the aggregate of such contributions 8 does not exceed the excess of the taxpayer’s 9 contribution base (as defined in subparagraph 10 (H) of section 170(b)(1) of such Code) over the 11 amount of all other charitable contributions al- 12 lowed under section 170(b)(1) of such Code. 13 (B) CARRYOVER.—If the aggregate 14 amount of qualified contributions made in the 15 contribution year (within the meaning of section 16 170(d)(1) of such Code) exceeds the limitation 17 of subparagraph (A), such excess shall be added 18 to the excess described in section 19 170(b)(1)(G)(ii). 20 (2) CORPORATIONS.—In the case of a corpora- 21 tion— 22 (A) LIMITATION.—Any qualified contribu- 23 tion shall be allowed as a deduction only to the 24 extent that the aggregate of such contributions 25 VerDate Sep 11 2014 02:00 Sep 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4415.IH H4415 kjohnson on DSK79L0C42 with BILLS 3 •HR 4415 IH does not exceed the excess of the taxpayer’s 1 taxable income (as determined under paragraph 2 (2) of section 170(b) of such Code) over the 3 amount of all other charitable contributions al- 4 lowed under such paragraph. 5 (B) CARRYOVER.—If the aggregate 6 amount of qualified contributions made in the 7 contribution year (within the meaning of section 8 170(d)(2) of such Code) exceeds the limitation 9 of subparagraph (A), such excess shall be ap- 10 propriately taken into account under section 11 170(d)(2) subject to the limitations thereof. 12 (c) QUALIFIED CONTRIBUTIONS.— 13 (1) IN GENERAL.—For purposes of this section, 14 the term ‘‘qualified contribution’’ means any chari- 15 table contribution (as defined in section 170(c) of 16 the Internal Revenue Code of 1986) if— 17 (A) such contribution— 18 (i) is made after August 23, 2019, 19 and before January 1, 2020, in cash to an 20 organization described in section 21 170(b)(1)(A) of such Code, and 22 (ii) is made for relief efforts related to 23 Hurricane Dorian, 24 VerDate Sep 11 2014 02:00 Sep 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4415.IH H4415 kjohnson on DSK79L0C42 with BILLS 4 •HR 4415 IH (B) the taxpayer obtains from such organi- 1 zation contemporaneous written acknowledg- 2 ment (within the meaning of section 170(f)(8) 3 of such Code) that such contribution was used 4 (or is to be used) for relief efforts described in 5 subparagraph (A)(ii), and 6 (C) the taxpayer has elected the applica- 7 tion of this subsection with respect to such con- 8 tribution. 9 (2) EXCEPTION.—Such term shall not include a 10 contribution by a donor if the contribution is— 11 (A) to an organization described in section 12 509(a)(3) of the Internal Revenue Code of 13 1986, or 14 (B) for the establishment of a new, or 15 maintenance of an existing, donor advised fund 16 (as defined in section 4966(d)(2) of such Code). 17 (3) APPLICATION OF ELECTION TO PARTNER- 18 SHIPS AND S CORPORATIONS.—In the case of a part- 19 nership or S corporation, the election under para- 20 graph (1)(C) shall be made separately by each part- 21 ner or shareholder. 22 Æ VerDate Sep 11 2014 02:00 Sep 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4415.IH H4415 kjohnson on DSK79L0C42 with BILLS