A bill to amend the Internal Revenue Code of 1986 to stimulate economic growth by revitalizing the domestic real estate market, and for other purposes.
Real Estate Market Improvement Act of 1992 - Title I: Incentives for Real Estate Investment - Subtitle A: Incentives for Acquisition of Capital Assets - Part I: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers (primarily individuals) for assets held from one to three years. (Provides for an exclusion from gross income of certain gains in the case of estates and trusts.) Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interests in partnerships. Disallows such deduction in computing the alternative minimum tax, except with respect to gains realized on the sale, exchange, or other disposition of a direct or indirect interest in real estate or a closely held business.
Part II: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, and solely for the purpose of determining gain or loss, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business after the date of enactment of this Act) that have been held for more than one year at the time of sale or other transfer. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds.
Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest.
Subtitle B: First-Time Homebuyers - Allows penalty-free withdrawals from qualified retirement plans during the period beginning on February 1, 1992, and ending on December 31, 1992, to pay the acquisition costs of a first-time homebuyer who is the taxpayer or the taxpayer's child or grandchild. Restricts such withdrawals to individuals whose adjusted gross income for 1991 does not exceed: (1) $100,000 in the case of married individuals filing a joint return; (2) $50,000 in the case of a married individual filing a separate return; or (3) $75,000 in the case of any other taxpayer. Limits to $10,000 the aggregate amount which may be treated as qualified withdrawals with respect to all plans of an individual. Requires the inclusion of withdrawn amounts in gross income ratably over a four-year period.
Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence, limited to $5,000. Applies such credit to property acquired between February 1, 1992, and January 1, 1993.
Allows a deduction for losses from the sale of a principal residence to the extent they exceed $100. Increases the basis of a new principal residence purchased by the taxpayer by the amount of such loss.
Provides for permanent extensions of the following: (1) the low-income housing credit; and (2) the authority to issue mortgage revenue bonds and mortgage credit certificates.
Title II: Incentives to Encourage a Strengthened Real Estate Market and to Encourage Finance - Subtitle A: Reforms to End Discrimination Against Real Estate Professionals - Excludes certain rental real estate activities from treatment as a passive activity for purposes of determining passive activity losses and credits.
Subtitle B: Provisions Relating to Real Estate Investments by Pension Funds to Provide Capital and Credit for Long-Term Real Estate Investment - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution.
Applies the meaning of acquisition indebtedness investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance.
Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income.
Subtitle C: Other Provisions - Modifies the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
Directs the Secretary of the Treasury to take necessary action to provide for the uniform treatment of nonaccruing loans for tax purposes and Federal regulatory and financial accounting.
Introduced in Senate
Read twice and referred to the Committee on Finance.
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