124 STAT. 1067 PUBLIC LAW 111–152—MAR. 30, 2010 ‘‘(i) the amount of the covered entity’s fee under this section for the calendar year the Secretary deter- mines should have been paid in the absence of any such understatement, over ‘‘(ii) the amount of such fee the Secretary deter- mined based on such understatement. ‘‘(B) UNDERSTATEMENT.—For purposes of this para- graph, an understatement of a covered entity’s net pre- miums written with respect to health insurance for any United States health risk for any calendar year is the difference between the amount of such net premiums writ- ten as reported on the return filed by the covered entity under paragraph (1) and the amount of such net premiums written that should have been reported on such return. ‘‘(C) TREATMENT OF PENALTY.—The penalty imposed under subparagraph (A) shall be subject to the provisions of subtitle F of the Internal Revenue Code of 1986 that apply to assessable penalties imposed under chapter 68 of such Code. ‘‘(4) TREATMENT OF INFORMATION.—Section 6103 of the Internal Revenue Code of 1986 shall not apply to any informa- tion reported under this subsection.’’; and (6) by striking subsection (j) and inserting the following new subsection: ‘‘(j) EFFECTIVE DATE.—This section shall apply to calendar years beginning after December 31, 2013.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in section 9010 of the Patient Protec- tion and Affordable Care Act. SEC. 1407. DELAY OF ELIMINATION OF DEDUCTION FOR EXPENSES ALLOCABLE TO MEDICARE PART D SUBSIDY. Section 9012(b) of the Patient Protection and Affordable Care Act is amended by striking ‘‘2010’’ and inserting ‘‘2012’’. SEC. 1408. ELIMINATION OF UNINTENDED APPLICATION OF CEL- LULOSIC BIOFUEL PRODUCER CREDIT. (a) IN GENERAL.—Section 40(b)(6)(E) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ‘‘(iii) EXCLUSION OF UNPROCESSED FUELS.—The term ‘cellulosic biofuel’ shall not include any fuel if— ‘‘(I) more than 4 percent of such fuel (deter- mined by weight) is any combination of water and sediment, or ‘‘(II) the ash content of such fuel is more than 1 percent (determined by weight).’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to fuels sold or used on or after January 1, 2010. SEC. 1409. CODIFICATION OF ECONOMIC SUBSTANCE DOCTRINE AND PENALTIES. (a) IN GENERAL.—Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new sub- section: ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.— 26 USC 7701. 26 USC 40 note. 26 USC 40. Ante, p. 868. 26 USC 4001 note prec.
