[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5228 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5228
To treat activities related to fisheries in the Bering Sea and Aleutian
Islands areas as related to an exempt purpose for purposes of the
Internal Revenue Code of 1986.
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IN THE SENATE OF THE UNITED STATES
December 8, 2022
Ms. Murkowski (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Finance
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A BILL
To treat activities related to fisheries in the Bering Sea and Aleutian
Islands areas as related to an exempt purpose for purposes of the
Internal Revenue Code of 1986.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. NONPROFIT COMMUNITY DEVELOPMENT ACTIVITIES IN REMOTE NATIVE
VILLAGES.
(a) In General.--For purposes of subchapter F of chapter 1 of the
Internal Revenue Code of 1986, any activity substantially related to
participation and investment in fisheries in the Bering Sea and
Aleutian Islands statistical and reporting areas (as described in
Figure 1 of section 679 of title 50, Code of Federal Regulations)
carried on by an entity identified in section 305(i)(1)(D) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1855(i)(1)(D)) (as in effect on the date of enactment of this section)
shall be considered substantially related to the exercise or
performance of the purpose constituting the basis of such entity's
exemption under section 501(a) of such Code if the conduct of such
activity is in furtherance of 1 or more of the purposes specified in
section 305(i)(1)(A) of such Act. For purposes of this paragraph,
activities substantially related to participation or investment in
fisheries include the harvesting, processing, transportation, sales,
and marketing of fish and fish products of the Bering Sea and Aleutian
Islands statistical and reporting areas.
(b) Application to Certain Wholly Owned Subsidiaries.--If the
assets of a trade or business relating to an activity described in
subsection (a) of any subsidiary wholly owned by an entity identified
in section 305(i)(1)(D) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1855(i)(1)(D)) are transferred to such
entity (including in liquidation of such subsidiary) not later than 18
months after the date of the enactment of this Act--
(1) no gain or income resulting from such transfer shall be
recognized to either such subsidiary or such entity under such
Code, and
(2) all income derived from such subsidiary from such
transferred trade or business shall be exempt from taxation
under such Code.
(c) Effective Date.--This section shall be effective during the
existence of the western Alaska community development quota program
established by Section 305(i)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(1)), as amended.
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