S.1487 - Independent Local Newspaper Act of 198197th Congress (1981-1982)
|Sponsor:||Sen. Boren, David L. [D-OK] (Introduced 07/15/1981)|
|Committees:||Senate - Finance|
|Latest Action:||Senate - 07/20/1981 Committee on Finance requested executive comment from OMB; Treasury Department. (All Actions)|
This bill has the status Introduced
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Summary: S.1487 — 97th Congress (1981-1982)All Information (Except Text)
Introduced in Senate (07/15/1981)
Independent Local Newspaper Act of 1981 - Amends the Internal Revenue Code to provide for the establishment of independent local newspaper advance estate tax payment trusts to facilitate payment of the estate tax imposed upon the estate of a decedent who owned an interest in an independent local newspaper. Sets forth requirements for the establishment of such trusts, including requirements that such trusts: (1) be created pursuant to a plan adopted by the newspaper; (2) be governed by a written instrument which requires that contributions to and income of the trust be invested solely in obligations of the United States; (3) name as trustee a bank or another individual who is capable of administering such trust in compliance with the requirements of this Act; (4) maintain trust assets separately from other property; (5) accept contributions exclusively from independent local newspapers; (6) devote assets of the trust solely to the payment of the estate tax; and (7) distribute any excess funding of the trust to its beneficiaries or their estates. Limits an individual who owns interests in several independent local newspapers to participation in not more than one estate tax payment trust.
Defines an "independent local newspaper" as a newspaper publication which is not a member of a chain and which maintains all its offices in a single city, community or metropolitan area, or, on January 1, 1981, within one State. Defines "excess funding" as the excess of the face value of the assets of a qualified trust over: (1) 70 percent of the value of a decedent's interest in an independent local newspaper which is includable in his gross estate; or (2) a decedent's estate tax which is attributable to his interest in an independent local newspaper included in his gross estate.
Exempts independent local newspaper advance estate tax payment trusts and the individuals for whom such trusts are established from income taxation with respect to income earned by such trust. Terminates such tax-exempt status if the taxpayer's interest in the newspaper is sold, the newspaper itself is sold or ceases to qualify as an independent newspaper, or there is an excess funding of the trust. Provides that the amount of any excess funding shall be distributed to the individual for whom the trust was created and included in his gross income or gross estate.
Allows an income tax deduction to local independent newspapers for contributions made to estate tax payment trusts. Limits the amount of such deduction to 50 percent of the taxable income derived from such newspaper for the taxable year.
Requires the redetermination of the estate tax of an individual for whom an independent local newspaper advance estate tax payment trust is established and the inclusion in the gross estate of such individual of an amount equal to the estate tax payment made by such trust which is attributable to the individual's interest in the newspaper, if the trust or any heir of the individual sells, within 15 years of the death of such individual, any part of the interest in the newspaper with respect to which the trust was created. Provides for the gradual phaseout of any additional estate tax which is imposed due to the premature sale of a newspaper, if the sale does not occur prior to the ten to 15 year period following the death of the individual for whom the estate tax trust is established.
Permits the shareholders of an independent local newspaper who receive the stock of a corporation which the newspaper controls to exclude from their gross income any gain realized as a result of such distribution if: (1) the shareholders do not sell such stock within five years after the date of its distribution; (2) the shareholders retain control of the newspaper for five years after the date of the distribution; and (3) the newspaper and the controlled corporation each continue to be engaged in the active conduct of a trade or business through the five year period beginning on the date of the distribution.
Excludes from the gross estate of a decedent the value of any interest in an independent local newspaper which he holds at the time of his death and any estate tax payment made by an independent local newspaper advance estate tax payment trust.
Permits the executor of an estate which includes an interest in an independent local newspaper to pay the estate tax in two or more (but not exceeding ten) equal installments. Limits the maximum amount of estate tax that may be paid in installments to the excess of the amount of estate tax over the tax that would have been imposed if the interest in the newspaper had not been included in the gross estate, reduced by all payments of the estate tax made by an independent local newspaper advance estate tax payment trust.