Page:United States Statutes at Large Volume 114 Part 5.djvu/680

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114 STAT. 2763A-640 PUBLIC LAW 106-554—APPENDIX G (1) Section 280C(c)(l) is amended by striking "or credit" after "deduction" each place it appears. (2) Section 30A is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: "(f) DENIAL OF DOUBLE BENEFIT. —Any wages or other expenses taken into account in determining the credit under this section may not be taken into account in determining the credit under section 41.". (b) AMENDMENT RELATED TO SECTION 545 OF THE ACT. — Clause (ii) of section 857(b)(7)(B) is amended to read as follows: "(ii) EXCEPTION FOR CERTAIN AMOUNTS.— Clause (i) shall not apply to amounts received directly or indirectly by a real estate investment trust— "(I) for services furnished or rendered by a taxable REIT subsidiary that are described in paragraph (1)(B) of section 856(d), or "(II) from a taxable REIT subsidiary that are described in paragraph (7)(C)(ii) of such section.". (c) CLARIFICATION RELATED TO SECTION 538 OF THE ACT. — The reference to section 332(b)(1) of the Internal Revenue Code of 1986 in Treasury Regulation section 1.1502-34 shall be deemed to include a reference to section 732(f) of such Code. (d) EFFECTIVE DATE. —Subsection (c) and the amendments made by this section shall take effect as if included in the provisions of the Ticket to Work and Work Incentives Improvement Act of 1999 to which they relate. SEC. 312. AMENDMENTS RELATED TO TAX AND TRADE RELIEF EXTEN- SION ACT OF 1998. (a) AMENDMENT RELATED TO SECTION 1004(b) OF THE ACT. — Subsection (d) of section 6104 is amended by adding at the end the following new paragraph: "(6) APPLICATION TO NONEXEMPT CHARITABLE TRUSTS AND NONEXEMPT PRIVATE FOUNDATIONS. —The organizations referred to in paragraphs (1) and (2) of section 6033(d) shall comply with the requirements of this subsection relating to annual returns filed under section 6033 in the same manner as the organizations referred to in paragraph (1).". (b) AMENDMENT RELATED TO SECTION 4003 OF THE ACT.— Subsection (b) of section 4003 of the Tax and Trade Relief Extension Act of 1998 is amended by inserting "(7)(A)(i)(II)," after " (5)(A)(ii)(I),". (c) EFFECTIVE DATE. —The amendments made by this section shall take effect as if included in the provisions of the Tax and Trade Relief Extension Act of 1998 to which they relate. SEC. 313. AMENDMENTS RELATED TO INTERNAL REVENUE SERVICE RESTRUCTURING AND REFORM ACT OF 1998. (a) AMENDMENTS RELATED TO INNOCENT SPOUSE RELIEF.— (1) ELECTION MAY BE MADE ANY TIME AFTER DEFICIENCY ASSERTED. — Subparagraph (B) of section 6015(c)(3) is amended by striking "shall be made" and inserting "may be made at any time after a deficiency for such year is asserted but". (2) CLARIFICATION REGARDING DISALLOWANCE OF REFUNDS AND CREDITS UNDER SECTION 6015(C).—