Text: H.R.1249 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (03/02/2009)


111th CONGRESS
1st Session
H. R. 1249


To amend the Internal Revenue Code of 1986 to provide special rules for charitable contributions of alternative energy property for educational purposes.


IN THE HOUSE OF REPRESENTATIVES

March 2, 2009

Mr. Patrick J. Murphy of Pennsylvania (for himself and Mr. Latham) introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend the Internal Revenue Code of 1986 to provide special rules for charitable contributions of alternative energy property for educational purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Equipping a 21st Century Green Workforce Act of 2009”.

SEC. 2. Special rules for charitable contributions of alternative energy property for educational purposes.

(a) In general.—Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

“(8) SPECIAL RULE FOR CONTRIBUTIONS OF ALTERNATIVE ENERGY PROPERTY USED FOR EDUCATIONAL PURPOSES.—

“(A) LIMIT ON REDUCTION.—In the case of a qualified energy property contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B).

“(B) QUALIFIED ENERGY PROPERTY CONTRIBUTIONS.—For purposes of this paragraph, the term ‘qualified energy property contribution’ means a charitable contribution by a corporation of qualified energy inventory property, but only if—

“(i) the contribution is to—

“(I) an educational organization described in subsection (b)(1)(A)(ii), or

“(II) an organization described in section 501(c)(3) and exempt from tax under section 501(a) that is organized primarily for purposes of providing education or training,

“(ii) the property is constructed or assembled by the taxpayer,

“(iii) the contribution is made not later than 3 years after the date the construction or assembly of the property is substantially completed,

“(iv) the original use of the property is by the donee,

“(v) substantially all of the use of the property by the donee is for use within the United States for educational or training purposes that are related to the purpose or function of the donee,

“(vi) the property is not transferred by the donee in exchange for money, other property, or services,

“(vii) the property will fit productively into the donee’s educational or training plan, and

“(viii) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (v), (vi),and (vii).

“(C) DEFINITIONS AND SPECIAL RULES.—For purposes of this paragraph—

“(i) QUALIFIED ENERGY INVENTORY PROPERTY.—The term ‘qualified energy inventory property’ means any tangible personal property described in paragraph (1) of section 1221(a) which is—

“(I) property which is used in generating electricity from qualified energy resources (as defined in section 45(c)(1)), or

“(II) property which is described in subparagraph (A) of section 48(a)(3) (determined without regard to any termination provision or other time-based restriction contained in section 48) and which meets the requirements of subparagraph (D) of section 48(a)(3).

“(ii) CORPORATION.—The term ‘corporation’ has the meaning given such term by paragraph (4)(D).

“(iii) USE OF PROPERTY AS ENERGY SOURCE.—The use of property by the donee as a source of energy for the donee shall not be taken into account for purposes of applying subparagraph (B)(v) if the use described in such paragraph is significant.

“(iv) CONSTRUCTION OF PROPERTY.—Rules similar to the rules of paragraph (4)(C) shall apply.”.

(b) Effective date.—The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.