HR 4130 IHCommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to establish a temporary surtax to offset the costs of the Afghanistan war.CommentsClose CommentsPermalink

November 19, 2009CommentsClose CommentsPermalink

Mr. OBEY (for himself, Mr. MURTHA, Mr. LARSON of Connecticut, Ms. ESHOO, Mr. FARR, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, and Ms. LINDA T. SANCHEZ of California) introduced the following bill; which was referred to the Committee on Ways and MeansCommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to establish a temporary surtax to offset the costs of the Afghanistan war.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Share the Sacrifice Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. ESTABLISHMENT OF TEMPORARY AFGHANISTAN WAR SURTAX.

(a) In General- Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to normal taxes and surtaxes) is amended by adding at the end the following new part:CommentsClose CommentsPermalink

‘PART VIII--TEMPORARY AFGHANISTAN WAR SURTAX

‘Sec. 59B. Temporary Afghanistan war surtax.CommentsClose CommentsPermalink

‘SEC. 59B. TEMPORARY AFGHANISTAN WAR SURTAX.

‘(a) In General- In the case of any taxable year beginning after 2010--CommentsClose CommentsPermalink





‘(1) JOINT RETURNS- In the case of a joint return with net income tax liability, the tax imposed under this chapter shall be increased by the amount of the surtax determined in accordance with the following table:CommentsClose CommentsPermalink

‘If net income taxCommentsClose CommentsPermalink

The surtax is:CommentsClose CommentsPermalink

Not over $22,600CommentsClose CommentsPermalink

1% of net income tax liability.CommentsClose CommentsPermalink

Over $22,600 but not over $36,400CommentsClose CommentsPermalink

$226, plus the applicable percentage of the excess over $22,600.CommentsClose CommentsPermalink

Over $36,400CommentsClose CommentsPermalink

$226, plus the applicable percentage of $13,800, plus twice the applicable percentage of the excess over $36,400.CommentsClose CommentsPermalink

‘(2) OTHER INDIVIDUALS, TRUSTS, AND ESTATES- In the case of any individual, trust, or estate with net income tax liability (other than a joint return), the tax imposed under this chapter shall be increased by the amount of the surtax determined in accordance with the following table:CommentsClose CommentsPermalink

‘If net income taxCommentsClose CommentsPermalink

The surtax is:CommentsClose CommentsPermalink

Not over $11,300CommentsClose CommentsPermalink

1% of net income tax liability.CommentsClose CommentsPermalink

Over $11,300 but not over $18,200CommentsClose CommentsPermalink

$113, plus the applicable percentage of the excess over $11,300.CommentsClose CommentsPermalink

Over $18,200CommentsClose CommentsPermalink

$113, plus the applicable percentage of $6,900, plus twice the applicable percentage of the excess over $18,200.CommentsClose CommentsPermalink

‘(3) CORPORATIONS- In the case of any corporation with net income tax liability, the tax imposed under this chapter shall be increased by an amount equal to such net income tax liability multiplied by twice the applicable percentage.CommentsClose CommentsPermalink





‘(b) Applicable Percentage- For purposes of this section--CommentsClose CommentsPermalink





‘(1) IN GENERAL- The term ‘applicable percentage’ means, with respect to any taxable year beginning in a calendar year, the percentage which is determined by the President with respect to such calendar year under paragraph (2).CommentsClose CommentsPermalink





‘(2) DETERMINATION OF APPLICABLE PERCENTAGE- The applicable percentage determined by the President with respect to any calendar year shall be the percentage which the President estimates will result in revenues to the Treasury under this section for taxable years beginning in such calendar year which are equal to the Federal expenditures related to the war in Afghanistan during the fiscal year ending in the preceding calendar year.CommentsClose CommentsPermalink





‘(c) Certain Exceptions for Individuals-CommentsClose CommentsPermalink





‘(1) CERTAIN EXCEPTIONS RELATED TO MILITARY SERVICE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subsection (a) shall not apply to--CommentsClose CommentsPermalink





‘(i) any member of the Armed Forces of the United States who received compensation which was excludible from gross income under section 112 (relating to certain combat zone compensation of members of the Armed Forces) during the taxable year involved or any taxable year ending on or after September 11, 2001, orCommentsClose CommentsPermalink





‘(ii) any individual who received a death gratuity payable under chapter 75 of title 10, United States Code, with respect to any decedent who--CommentsClose CommentsPermalink





‘(I) is described in clause (i), andCommentsClose CommentsPermalink





‘(II) died on or after September 11, 2001, and before the close of the taxable year involved.CommentsClose CommentsPermalink





‘(B) JOINT RETURNS- In the case of a joint return, the taxpayer shall be treated as described in clause (i) or (ii) of subparagraph (A) if either spouse is so described.CommentsClose CommentsPermalink





‘(2) EXCEPTION BASED ON ADJUSTED GROSS INCOME- Subsection (a) shall not apply to any individual if the adjusted gross income of the taxpayer is not in excess of $30,000.CommentsClose CommentsPermalink





‘(d) Net Income Tax Liability Defined- For purposes of this section, the term ‘net income tax liability’ means the excess of--CommentsClose CommentsPermalink





‘(1) the sum of the regular tax liability (as defined in section 26(b)) and the tax imposed by section 55, overCommentsClose CommentsPermalink





‘(2) the credits allowed under part IV (other than sections 31, 33, and 34).CommentsClose CommentsPermalink





‘(e) Delay in Application if President Determines Economy Too Weak- If the President determines that the United States economy is too weak to absorb the tax imposed under this section, the President may delay the implementation of such tax for up to 1 year.CommentsClose CommentsPermalink





‘(f) Not Treated as Tax Imposed by This Chapter for Certain Purposes- The tax imposed under this part shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.CommentsClose CommentsPermalink





‘(g) Termination- The tax imposed under this section shall not apply to taxable years beginning in any calendar year if the applicable percentage determined with respect to such calendar year is zero.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:CommentsClose CommentsPermalink

‘Part VIII. Temporary Afghanistan War Surtax’.

(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2010.CommentsClose CommentsPermalink





(d) Section 15 Not To Apply- The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink