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(b) ESOP dividends may be reinvested without loss of di-
vided deduction (sec. 602 of the House bill, sec. 662 of
the Senate amendment, and sec. 404 of the Code)
(c) Repeal transition rule relating to certain highly com-
pensated employees (sec. 603 of the House bill, sec. 663
of the Senate amendment, and sec. 1114(c)(4) of the Tax
Reform Act of 1986)

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(d) Employees of tax-exempt entities (sec. 604 of the House
bill and sec. 664 of the Senate amendment)
(e) Treatment of employer-provide retirement advice (sec.
605 of the House bill, sec. 665 of the Senate amendment,
and sec. 132 of the Code)

283

(f) Reporting simplification (sec. 606 of the House bill and
sec. 666 of the Senate amendment)

(g) Improvement to Employee Plans Compliance Resolution
System (sec. 607 of the House bill and sec. 667 of the
Senate amendment)

(h) Repeal of the multiple use test (sec. 608 of the House
bill, sec. 668 of the Senate amendment, and sec. 401(m)
of the Code) ......

(i) Flexibility in nondiscrimination, coverage, and line of
business rules (sec. 609 of the House bill, sec. 669 of
the Senate amendment, and secs. 401(a)(4), 410(b), and
414(r) of the Code) ......

(j) Extension to all governmental plans of moratorium on
application of certain nondiscrimination rules applicable
to state and local government plans (sec. 610 of the House
bill, sec. 670 of the Senate amendment, sec. 1505 of the
Taxpayer Relief Act of 1997, and secs. 401(a) and 401(k)
of the Code).......

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(k) Notice and consent period regarding distributions (sec.
611 of the House bill and sec. 417 of the Code)

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(1) Annual report dissemination (sec. 612 of the House bill
and sec. 104(b)(3) of ERISA)

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(m) Modifications to the SAVER Act (sec. 613 of the House
bill and sec. 517 of ERISA)

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6. Other ERISA provisions

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(a) Extension of PBGC missing participants program (sec.
701 of the House bill, sec. of the Senate amendment, and
secs. 206(f) and 4050 of ERISA)

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(b) Reduce PBGC premiums for small and new plans (secs.
702-703 of the House bill, secs. 682-683 of the Senate
amendment, and sec. 4006 of ERISA)

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(c) Authorization for PBGC to pay interest on premium over-
payment refunds (sec. 704 of the House bill, sec. 684 of
the Senate amendment, and sec. 4007(b) of ERISA)
(d) Rules for substantial owner benefits in terminated plans
(sec. 705 of the House bill, sec. 685 of the Senate amend-
ment, and secs. 4021, 4022, 4043 and 4044 of ERISA)
(e) Civil penalties for breach of fiduciary responsibility (sec.
706 of the House bill and sec. 502 of ERISA)
(f) Benefit suspension notice (sec. 707 of the House bill and
sec. 203 of ERISA)

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7. Miscellaneous provisions

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(a) Tax treatment of electing Alaska Native Settlement Trusts (section 691 of the Senate amendment and new sections 646 and 6039H of the Code, modifying Code sections including 1(e), 301, 641, 651, 661, and 6034A)............ 301 8. Provisions relating to plan amendments (sec. 801 of the House bill)......

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VII. Alternative Minimum Tax

A. Individual Alternative Minimum Tax Relief (sec. 3(c) of H.R.
6, sec. 701 of the Senate amendment and sec. 55 of the Code)..

VIII. Other Provisions

A. Modification to Corporate Estimated Tax Requirements (secs.
801 and 815 of the Senate amendment)

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B. Authority to Postpone Certain Tax-Related Deadlines by Reason
of Presidentially Declared Disaster (sec. 802 of the Senate
amendment and sec. 7508A of the Code)

C. Income Tax Treatment of Certain Restitution Payments to Holo-
caust Victims (sec. 803 of the Senate amendment)
D. Treatment of Survivor Annuity Payments with Respect to Public
Safety Officers (sec. 804 of the Senate amendment)

......

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E. Circuit Breaker (sec. 805 of the Senate amendment)

F. Acceleration of Health Insurance Deduction for Self-Employed
Individuals (secs. 806 and 807 of the Senate amendment and
sec. 162(1) of the Code) ..........

G. Enhanced Deduction for Charitable Contribution of Literary,
Musical, and Artistic Compositions (sec. 808 of the Senate
amendment and sec. 170 of the Code)

H. Estate Tax Recapture from Cash Rents to Specially-Valued
Property (sec. 809 of the Senate amendment)

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315

I. Extension of Research and Experimentation Tax Credit and New
Vaccine Research Credit (sec. 810 and 811 of the Senate
amendment and sec. 41 and new sec. 45G of the Code) .............. 316
J. Acceleration of Round II Empowerment Zone Wage Credit (sec.
812 of the Senate amendment and sec. 1396 of the Code)
K. Treatment of Certain Hospital Support Organizations in Deter-
mining Acquisition Indebtedness (sec. 813 of the Senate
amendment and sec. 514 of the Code) ...

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L. Modify Rules Governing Tax-Exempt Bonds for Certain Private
Water Facilities (sec. 814 of the Senate amendment and sec.
142 of the Code)

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M. Combined Employment Tax Reporting (sec. 816 of the Senate
amendment and sec. 6103(d)(5) of the Code)

320

N. Reporting Requirements of State and Local Political Organiza-
tions (secs. 901-904 of the Senate amendment and secs. 527
and 6012 of the Code)........

321

IX. Compliance with Congressional Budget Act (secs. 111, 211, 311, 451, 581, 695, 711, and 821 of the Senate amendment)

325

X. Tax Complexity Analysis ........

326 333

Estimated Budget Effects of the Conference Agreement for H.R. 1836

I. MARGINAL TAX RATE REDUCTION

A. INDIVIDUAL INCOME TAX RATE STRUCTURE (SECS. 2 AND 3 OF THE HOUSE BILL, SEC. 101 OF THE SENATE AMENDMENT AND SEC. 1 OF THE CODE)

PRESENT LAW

Under the Federal individual income tax system, an individual who is a citizen or a resident of the United States generally is subject to tax on worldwide taxable income. Taxable income is total gross income less certain exclusions, exemptions, and deductions. An individual may claim either a standard deduction or itemized deductions.

An individual's income tax liability is determined by computing his or her regular income tax liability and, if applicable, alternative minimum tax liability.

Regular income tax liability

Regular income tax liability is determined by applying the regular income tax rate schedules (or tax tables) to the individual's taxable income. This tax liability is then reduced by any applicable tax credits. The regular income tax rate schedules are divided into several ranges of income, known as income brackets, and the marginal tax rate increases as the individual's income increases. The

income bracket amounts are adjusted annually for inflation. Separate rate schedules apply based on filing status: single individuals (other than heads of households and surviving spouses), heads of households, married individuals filing joint returns (including surviving spouses), married individuals filing separate returns, and estates and trusts. Lower rates may apply to capital gains.

For 2001, the regular income tax rate schedules for individuals are shown in Table 1, below. The rate bracket breakpoints for married individuals filing separate returns are exactly one-half of the rate brackets for married individuals filing joint returns. A separate, compressed rate schedule applies to estates and trusts.

TABLE 1.-INDIVIDUAL REGULAR INCOME TAX RATES FOR 2001

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$0

$36,250

$93,650

$151,650

Over $297,350

$0

$45,200

$109,250

$166,500

Over $297,350

Single individuals

$27,050 15% of taxable income

$65,550 $4,057.50, plus 28% of the amount over $27,050
$136,750 $14,837.50, plus 31% of the amount over $65,550
$297,350 $36,909.50, plus 36% of the amount over $136,750
$94,725.50, plus 39.6% of the amount over $297,350

Heads of households

$36,250 15% of taxable income

$93,650 $5,437.50, plus 28% of the amount over $36,250
$151,650 $21,509.50, plus 31% of the amount over $93,650
$297,350 $39,489.50, plus 36% of the amount over $151,650
$91,941.50, plus 39.6% of the amount over $297,350
Married individuals filing joint returns

$45,200 15% of taxable income

$109,250 $6,780.00, plus 28% of the amount over $45,200

$166,500 $24,714.50, plus 31% of the amount over $109,250

$297,350 $42,461.50, plus 36% of the amount over $166,500
$89,567.50, plus 39.6% of the amount over $297,350

HOUSE BILL

In general

The House bill creates a new low-rate regular income tax bracket for a portion of taxable income that is currently taxed at 15 percent. The bill reduces the other regular income tax rates and consolidates rate brackets. By 2006, the present-law structure of five regular income tax rates (15 percent, 28 percent, 31 percent, 36 percent and 39.6 percent) will be reduced to four rates of 10 percent, 15 percent, 25 percent, and 33 percent.

New low-rate bracket

The bill establishes a new regular income tax rate bracket for a portion of taxable income that is currently taxed at 15 percent, as shown in Table 2, below. The taxable income levels for the new low-rate bracket will be adjusted annually for inflation for taxable years beginning after December 31, 2006.

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1The new low-rate bracket for joint returns and head of household returns will be rounded down to the nearest $50. The bracket for single individuals and married individuals filing separately will be one-half the bracket for joint returns (after adjustment of that bracket for inflation).

Modification of 15-percent bracket

The 15-percent regular income tax bracket is modified to begin at the end of the new low-rate regular income tax bracket. The 15percent regular income tax bracket ends at the same level as under present law. H.R. 6 also makes other changes to the 15-percent rate bracket.1

Reduction of other rates and consolidation of rate brackets

The present-law regular income tax rates of 28 percent and 31 percent are phased down to 25 percent over five years, effective for taxable years beginning after December 31, 2001. The taxable income level for the new 25-percent rate bracket begins at the level at which the 28-percent rate bracket begins under present law and ends at the level at which the 31-percent rate bracket ends under present law.

The present-law regular income tax rates of 36 percent and 39.6 percent are phased down to 33 percent over five years, effective for taxable years beginning after December 31, 2001. The taxable income level for the new 33-percent rate bracket begins at the level at which the 36-percent rate bracket begins under present law.

Table 3, below, shows the schedule of proposed regular income tax rate reductions.

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Projected regular income tax rate schedules under the proposal

Table 4, below, shows the projected individual regular income tax rate schedules when the rate reductions are fully phased in (i.e., for 2006). As under present law, the rate brackets for married taxpayers filing separate returns under the bill are one half the rate brackets for married individuals filing joint returns. In addition, appropriate adjustments are made to the separate, compressed rate schedule for estate and trusts.

1 See discussion of the marriage penalty relief in the 15-percent bracket.

TABLE 4.-INDIVIDUAL REGULAR INCOME TAX RATES FOR 2006 (PROJECTED)

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Revised wage withholding for 2001

Under present law, the Secretary of the Treasury is authorized to prescribe appropriate income tax withholding tables or computational procedures for the withholding of income taxes from wages paid by employers. The Secretary is expected to make appropriate revisions to the wage withholding tables to reflect the proposed rate reduction for calendar year 2001 as expeditiously as possible. Transfer to Social Security and Medicare trust funds

The House bill provides that the amounts transferred to the Social Security and Medicare trust funds are determined as if the rate reductions in the bill were not enacted. Thus, there will be no reduction in transfers to these funds as a result of the bill.

Effective date. The provisions of the House bill generally apply to taxable years beginning after December 31, 2000, except that the conforming amendments to certain withholding provisions under the bill are effective for amounts paid more than 60 days after the date of enactment.

In general

SENATE AMENDMENT

The Senate amendment creates a new 10-percent regular income tax bracket for a portion of taxable income that is currently taxed at 15 percent, effective for taxable years beginning after December 31, 2000. The Senate amendment also reduces other regular income tax rates. By 2007, the present-law individual income tax rates of 28 percent, 31 percent, 36 percent and 39.6 percent will be lowered to 25 percent, 28 percent, 33 percent, and 36 percent, respectively.

New low-rate bracket

The Senate amendment establishes a new 10-percent regular income tax rate bracket for a portion of taxable income that is currently taxed at 15 percent, as shown in Table 3, below. The taxable income levels for the new 10-percent rate bracket will be adjusted

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