Tax Incentives to Encourage Recycling Act of 2005 or the TIER Act of 2005 - Amends the Internal Revenue Code to allow manufacturers of certain computer, cell phone, and television equipment a business tax credit for the disposal and recyling of such equipment.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 320 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 320
To amend the Internal Revenue Code of 1986 to provide tax incentives to
encourage manufacturers of computer, cell phone, and television
equipment to operate an environmentally sound recycling program for use
by consumers who want to discard the equipment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2005
Mr. Cunningham (for himself, Mr. Cantor, and Mr. Issa) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide tax incentives to
encourage manufacturers of computer, cell phone, and television
equipment to operate an environmentally sound recycling program for use
by consumers who want to discard the equipment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Incentives to Encourage
Recycling Act of 2005'' or the ``TIER Act of 2005''.
SEC. 2. CREDIT FOR POST-CONSUMER RECYCLING OF COMPUTER, CELL PHONE, AND
TELEVISION EQUIPMENT BY MANUFACTURERS OF THE EQUIPMENT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45J. POST-CONSUMER RECYCLING OF COMPUTER, CELL PHONE, AND
TELEVISION EQUIPMENT BY MANUFACTURERS OF THE EQUIPMENT.
``(a) General Rule.--For purposes of section 38, in the case of a
manufacturer of computer equipment, wireless handheld telephone units,
or televisions, the recycling equipment credit determined under this
section for the taxable year is the amount determined under subsection
(b) for each item of such equipment--
``(1) which was manufactured by such manufacturer, and
``(2) which is disposed of by such manufacturer pursuant to
a qualified recycling program.
``(b) Definitions.--For purposes of this section--
``(1) Computer.--The term `computer' means an electronic,
magnetic, optical, electrochemical, or other high speed data
processing device performing logical, arithmetic, or storage
functions, and may include both a central processing unit and a
monitor, but such term does not include an automated typewriter
or typesetter, a portable hand held calculator, or other
similar device.
``(2) Central processing unit.--The term `central
processing unit' includes a case and all of its contents, such
as the primary printed circuit board and its components,
additional printed circuit boards, one or more disc drives, a
transformer, interior wire, and a power cord.
``(3) Monitor.--The term `monitor' means a separate visual
display component of a computer, whether sold separately or
together with a central processing unit, and includes a cathode
ray tube or liquid crystal display, its case, interior wires
and circuitry, cable to the central processing unit, and power
cord.
``(4) Wireless handheld telephone unit.--The term `wireless
handheld telephone unit' includes the charging device for such
unit, but such term does not include a cordless telephone
designed for use in close proximity of a base unit.
``(5) Qualified recycling program.--The term `qualified
recycling program' means any program under which all parts of
the computer or television (including any hazardous waste, as
defined in section 1004(5) of the Solid Waste Disposal Act (42
U.S.C. 6903)) are disposed of in an environmentally sound and
responsible manner.
``(c) Amount of Credit.--The amount of credit shall be determined
as follows:
------------------------------------------------------------------------
Amount of
``Type of item: credit:
------------------------------------------------------------------------
Central processing unit.................................... $4
Monitor.................................................... $4
Printer.................................................... $4
Mouse and Keyboard (both).................................. $1
Television................................................. $4
Wireless handheld telephone and charger (both)............. $1.''.
------------------------------------------------------------------------
(b) Conforming Amendment.--Section 38(b) of such Code (relating to
general business credit) is amended by striking ``plus'' at the end of
paragraph (18), by striking the period at the end of paragraph (19) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(20) in the case of a manufacturer of computer equipment
or televisions, the recycling equipment credit determined under
section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45I the following new
item:
``Sec. 45J. Post-consumer recycling of computer, cell phone, and
television equipment by manufacturers of
the equipment.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E61)
Referred to the House Committee on Ways and Means.
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