117th CONGRESS 1st Session |
To amend the Internal Revenue Code of 1986 to modify the limitation on the deduction for State and local taxes, etc.
November 18, 2021
Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to modify the limitation on the deduction for State and local taxes, etc.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Modification of limitation on deduction for State and local taxes, etc.
(a) In general.—Paragraph (6) of section 164(b) of the Internal Revenue Code of 1986 is amended—
(1) by striking “2025” in the heading and inserting “2031”,
(2) by striking “January 1, 2026” and inserting “January 1, 2032”,
(3) in subparagraph (A), by inserting “or section 216(a)(1)” after “subsection (a)(1)”,
(A) by inserting “(and any tax described in any such paragraph taken into account under section 216(a)(1))” after “paragraph (5) of this subsection”, and
(B) by striking “shall not exceed $10,000 ($5,000 in the case of a married individual filing a separate return).” and inserting “shall not exceed—
“(i) in the case of any taxable year beginning after December 31, 2020, and before January 1, 2031, $80,000 ($40,000 in the case of an estate, trust, or married individual filing a separate return), and
“(ii) in the case of any taxable year beginning after December 31, 2030, and before January 1, 2032, $10,000 ($5,000 in the case of an estate, trust, or married individual filing a separate return).”, and
(5) by striking the last sentence and inserting the following: “In the case of taxes paid during a taxable year beginning before January 1, 2031, the Secretary shall prescribe regulations or other guidance which treat all or a portion of such taxes as paid in a taxable year or years other than the taxable year in which actually paid as necessary or appropriate to prevent the avoidance of the limitations of this paragraph.”.
(b) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
(c) No inference.—The amendments made by paragraphs (3), (4)(A), and (5) shall not be construed to create any inference with respect to the proper application of section 164(b)(6) or section 216(a) with respect to any taxable year beginning before January 1, 2021.