115th CONGRESS 1st Session |
To amend the Internal Revenue Code of 1986 to exempt amounts paid for aircraft management services from the excise taxes imposed on transportation by air.
February 7 (legislative day, February 6), 2017
Mr. Brown (for himself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend the Internal Revenue Code of 1986 to exempt amounts paid for aircraft management services from the excise taxes imposed on transportation by air.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Amounts paid for aircraft management services.
(a) In general.—Subsection (e) of section 4261 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(5) AMOUNTS PAID FOR AIRCRAFT MANAGEMENT SERVICES.—
“(A) IN GENERAL.—No tax shall be imposed by this section or section 4271 on any amounts paid by an aircraft owner for aircraft management services related to—
“(i) maintenance and support of the aircraft owner’s aircraft, or
“(ii) flights on the aircraft owner’s aircraft.
“(B) AIRCRAFT MANAGEMENT SERVICES.—For purposes of subparagraph (A), the term ‘aircraft management services’ includes—
“(i) assisting an aircraft owner with administrative and support services, such as scheduling, flight planning, and weather forecasting,
“(ii) obtaining insurance,
“(iii) maintenance, storage and fueling of aircraft,
“(iv) hiring, training, and provision of pilots and crew,
“(v) establishing and complying with safety standards, and
“(vi) such other services as are necessary to support flights operated by an aircraft owner.
“(C) LESSEE TREATED AS AIRCRAFT OWNER.—
“(i) IN GENERAL.—For purposes of this paragraph, the term ‘aircraft owner’ includes a person who leases the aircraft other than under a disqualified lease.
“(ii) DISQUALIFIED LEASE.—For purposes of clause (i), the term ‘disqualified lease’ means a lease from a person providing aircraft management services with respect to such aircraft (or a related person (within the meaning of section 465(b)(3)(C)) to the person providing such services), if such lease is for a term of 31 days or less.
“(D) PRO RATA ALLOCATION.—In the case of amounts paid to any person which (but for this subsection) are subject to the tax imposed by subsection (a), a portion of which consists of amounts described in subparagraph (A), this paragraph shall apply on a pro rata basis only to the portion which consists of amounts described in such subparagraph.”.
(b) Effective date.—The amendment made by this section shall apply to amounts paid after the date of the enactment of this Act.