Page:United States Statutes at Large Volume 110 Part 2.djvu/35

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 104-130—APR. 9, 1996 110 STAT. 1209 agers or committee reports on the expenditure of budget authority for an account, program, project, or activity, or on activities involving such expenditure. "(8) ITEM OF NEW DIRECT SPENDING.—The term 'item of new direct spending' means any specific provision of law that is estimated to result in an increase in budget authority or outlays for direct spending relative to the most recent levels calculated pursuant to section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. "(9) LIMITED TAX BENEFIT.—(A) The term 'limited tax benefit' means— "(i) any revenue-losing provision which provides a Federal tax deduction, credit, exclusion, or preference to 100 or fewer beneficiaries under the Internal Revenue Code of 1986 in any fiscal year for which the provision is in effect; and "(ii) any Federal tax provision which provides temporary or permanent transitional relief for 10 or fewer beneficiaries in any fiscal year from a change to the Internal Revenue Code of 1986. "(B) A provision shall not be treated as described in subparagraph (A)(i) if the effect of that provision is that— "(i) all persons in the same industry or engaged in the same type of activity receive the same treatment; "(ii) all persons owning the same type of property, or issuing the sameffectivestment, receive the same treatment; or "(iii) any difference in the treatment of persons is based solely on— "(I) in the case of businesses and associations, the size or form of the business or association involved; "(II) in the case of individuals, general demographic conditions, such as income, marital status, number of dependents, or tax return filing status; "(III) the amount involved; or "(IV) a generally-available election under the Internal Revenue Code of 1986. "(C) A provision shall not be treated as described in subparagraph (A)(ii) if— "(i) it provides for the retention of prior law with respect to all binding contracts or other legally enforceable obligations in existence on a date contemporaneous with congressional action specifying such date; or "(ii) it is a technical correction to previously enacted legislation that is estimated to have no revenue effect. "(D) For purposes of subparagraph (A)— "(i) all businesses and associations which are related within the meaning of sections 707(b) and 1563(a) of the Internal Revenue Code of 1986 shall be treated as a single beneficiary; "(ii) all qualified plans of an employer shall be treated as a single beneficiary; "(iii) all holders of the same bond issue shall be treated as a single beneficiary; and "(iv) if a corporation, partnership, association, trust or estate is the beneficiary of a provision, the shareholders of the corporation, the partners of the partnership, the