Order Code RL31776
Report for Congress
Received through the CRS Web
Estate Tax Legislation in the 108th Congress
Updated April 23, 2003
Nonna A. Noto
Specialist in Public Finance
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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Estate Tax Legislation in the 108th Congress
Summary
Under provisions of the Economic Growth and Tax Relief Reconciliation Act
of 2001 (EGTRRA, P.L. 107-16, enacted June 7, 2001), the estate tax is scheduled
to be repealed in 2010 but reinstated in 2011. All tax cut provisions of EGTRRA are
scheduled to sunset on December 31, 2010. This report tracks actions in the 108th
Congress to permanently repeal the estate tax or to retain but alter the tax.

Thus far in the 108th Congress, nine bills involving the estate tax have been
introduced in the House and six in the Senate. The bills can be grouped under four
broad categories. First, three House bills would make the repeal of the estate tax
permanent after 2010, by removing the sunset provision for the estate tax provisions
of EGTRRA: H.R. 57 (Dunn), H.R. 139 (McGinnis), and H.R. 158 (Pitts). The
revenue cost for FY2012 from permanent repeal has been estimated at $48 billion by
the U.S. Treasury Department and $58 billion by the Joint Committee on Taxation.
Second, four bills, one in the House and three introduced by Senator Kyl, would
accelerate the repeal of the estate tax sooner than the 2010 date scheduled by
EGTRRA. H.R. 51 (Cox) would repeal the gift tax along with the estate tax effective
in 2003. S. 13 (Kyl) and S. 169 (Kyl) would accelerate the repeal of the estate tax
to 2005 and make the repeal permanent by removing the sunset provision solely with
respect to the estate tax provisions of EGTRRA. S. 96 (Kyl) would accelerate the
repeal of the estate tax to 2005 as well. In addition, it would repeal the sunset for all
provisions of EGTRRA; accelerate the scheduled income tax rate reductions; and
introduce other provisions favorable to investments and retirement plans.
Third, three bills, one in the House and two in the Senate, would retain but alter
the estate tax. Two would increase the exclusion amount for all estates; two would
repeal the estate tax for qualified family-owned business interests; one would do
both. H.R. 396 (DeFazio) would retain the estate tax but increase the exclusion
amount to $5 million starting in 2004, keep the maximum estate tax rate at its 2003
level of 49%, and repeal the modified carryover basis (and keep stepped-up basis).
It would also freeze EGTRRA’s reduction of the top individual income tax marginal
rate at its 2003 level of 38.6%. S. 34 (Lincoln) would immediately and permanently
repeal the estate tax on family-owned businesses and farms. Carryover (not stepped-
up) basis would be used to calculate the capital gain if the beneficiary later sold the
family-owned business interest. In contrast, S. 135 (Dayton) would eliminate
EGTRRA’s institution of carryover basis (and retain stepped-up basis). It would
immediately increase the exclusion amount for all estates to $4 million and provide
a complete estate tax exclusion for family-owned businesses. It would also expand
the 10% tax individual income tax bracket, freeze the rate decline for the top income
tax brackets, and address other income tax issues.

Fourth, four House bills and one Senate bill would repeal the estate tax as part
of a major overhaul of the federal tax system: H.R. 25 (Linder), H.R. 269 (English),
H.R. 1789 (Crane), H.J.Res. 15 (Paul), and S. 907 (Specter).
This report will be updated as events warrant.

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Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Bush Administration’s FY2004 Revenue Proposal . . . . . . . . . . . . . . . . . . . . . . . . 2
Overview of Bills Introduced in the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . 3
House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
H.R. 25 (Linder ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
H.R. 51 (Cox) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H.R. 57 (Dunn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H.R. 139 (McInnis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H.R. 158 (Pitts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H.R. 269 (English) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H.R. 396 (DeFazio) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H.R. 1789 (Crane) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H.J.Res. 15 (Paul) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
S. 13 (Kyl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
S. 34 (Lincoln) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
S. 96 (Kyl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
S. 135 (Dayton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
S. 169 (Kyl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
S. 907 (Specter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
For Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

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Estate Tax Legislation in the 108th Congress
Background
The estate tax and generation-skipping transfer (GST) taxes are scheduled to be
repealed effective January 1, 2010, under Title V of the Economic Growth and Tax
Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16). However, under Title
IX of the tax cut Act, the estate tax repeal, and all other provisions of EGTRRA
(pronounced egg-tra), are scheduled to sunset as of December 31, 2010. If the sunset
provision is not repealed, in 2011 tax law would return to the law in place prior to the
enactment of EGTRRA on June 7, 2001. For the estate tax, the exclusion amount
would have risen to $1 million under prior law.1
During 2002, estate tax proposals offered by Republican Members in both
houses focused on making the repeal of the estate tax permanent. The Bush
Administration supported permanent repeal. Alternative proposals offered by
Democratic Members in the House and Senate would have retained the estate tax but
made some changes, such as making special exceptions for qualified family-owned
business interests (QFOBI) and/or accelerating an increase in the exclusion amount
for all estates.
In 2002, efforts to permanently repeal the estate tax focused on removing the
sunset provision of EGTRRA with respect to the estate tax provisions of the Act.
The estate and generation-skipping transfer taxes would thus be eliminated from
2010 onward. Other changes made by Title V of EGTRRA also would continue,
such as replacing the step-up in basis with a modified carryover basis for assets
transferred at death and retaining the gift tax on transfers made during one’s lifetime
even when the estate tax is repealed.
On April 18, 2002, the House passed H.R. 586, part of which would have
removed the sunset provision of EGTRRA and thereby made permanent the repeal
of the estate tax and all other provisions of the tax cut law. On June 6, 2002, the
House passed H.R. 2143 which would have removed the sunset provision solely from
the estate tax provisions of EGTRRA. On September 19, 2002, the House approved
a resolution, H.Res. 524, which called upon the Senate to approve the Permanent
Death Tax Repeal Act of 2002 (H.R. 2143) before the 107th Congress adjourned. The
Senate did not act on the bill. In June 2002 the Senate considered three amendments
offered to H.R. 8 regarding the estate tax. None of the amendments received the 60
1 For additional information, see CRS Report RL31061, Estate and Gift Tax Law: Changes
Under the Economic Growth and Tax Relief Reconciliation Act of 2001,by Nonna A. Noto.

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votes needed to waive the budget point of order as established by a unanimous
consent agreement.2
Bush Administration’s FY2004 Revenue Proposal
One of the revenue proposals offered by the Bush Administration in conjunction
with its FY2004 budget proposal was to “permanently extend provisions expiring in
2010.” This proposal would permanently extend all of the provisions of EGTRRA,
which would otherwise sunset on December 31, 2010.3 One effect of this extension
of EGTRRA would be to make the repeal of the estate tax and the generation-
skipping transfer tax permanent for 2010 and beyond. However, the repeal of the
sunset was not included as part of H.R. 2 (Thomas) and S. 2 (Nickles), the Jobs and
Growth Tax Act of 2003, introduced on February 27, 2003. These companion bills
in the House and Senate are the legislative vehicles for the economic growth package
portion of the Administration’s FY2004 tax cut and economic growth proposals.
H.R. 2 and S. 2 do not include any provision regarding the estate tax and do not
remove the sunset on tax provisions expiring in 2010.
The estimated revenue loss for FY20124 from permanent repeal of the estate and
generation-skipping transfer taxes, and modification of gift taxes, is $48 billion
according to the U.S. Treasury Department5 and $58 billion according to the Joint
Committee on Taxation.6
2 For additional information, see CRS Report RS21224, Estate Tax: Legislative Activity in
2002, by Nonna A. Noto.
3 U.S. Department of the Treasury, General Explanations of the Administration’s Fiscal
Year 2004 Revenue Proposals (referred to as the “Blue Book”), Washington, Feb. 2004,
129. U.S. Congress, Joint Committee on Taxation, Description of Revenue Provisions
Contained in the President’s Fiscal Year 2004 Budget Proposal, Joint Committee Print JCS-
7-03,108th Cong., 1st Sess., March 2003 (Washington, U.S. Govt. Print. Off., 2003), 239-41.
4 FY2012 is the first full fiscal year that would reflect the extension of EGTRRA’s expiring
provisions beyond December 31, 2010.
5 U.S. Department of the Treasury, General Explanations of the Administration’s Fiscal
Year 2004 Revenue Proposals, 152.
6 U.S. Congress, Joint Committee on Taxation, Estimated Budget Effects of the Revenue
Provisions Contained in the President’s Fiscal Year 2004 Budget Proposal, JCX-15-03, 108th
Cong., 1st Sess., March 4, 2003, 4.
The March 2003 estimate of $58 billion is close to the Joint Committee’s estimate of
$56 billion for FY2012, made in June 2002. U.S. Congress, Joint Committee on Taxation,
Estimated Revenue Effects of H.R. 2143, “Permanent Death Tax Repeal Act of 2001,” JCX-
51-02, 107th Cong., 2d Sess., June 4, 2002.

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Overview of Bills Introduced in the 108th Congress
To date, 15 bills involving the estate tax have been introduced in the 108th
Congress, nine in the House and six in the Senate. The bills can be grouped under
four broad categories.
First, three House bills would make the repeal of the estate tax permanent after
2010. H.R. 57 (Dunn) would remove the sunset provision of the Economic Growth
and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16) solely with
respect to the estate tax provisions (Title V) of EGTRRA. H.R. 139 (McGinnis) and
H.R. 158 (Pitts) are equivalent in substance to H.R. 57.
Second, four bills would accelerate the repeal of the estate tax, currently
scheduled for 2010 under EGTRRA. One bill is in the House and the three others in
the Senate, introduced by Senator Kyl. H.R. 51 (Cox) would repeal the gift tax,
along with the estate and generation-skipping transfer taxes, effective in 2003. S. 13
(Kyl) and S. 169 (Kyl) would accelerate the repeal of the estate and GST taxes to
2005. S. 13 and S. 169 (like H.R. 57, H.R. 139, and H.R. 158 in the House) would
make the repeal permanent by removing the sunset provision solely with respect to
the estate tax provisions of EGTRRA. S. 96 (Kyl), like S. 13 and S. 169, would
accelerate the repeal of the estate and GST taxes to 2005. In contrast to S. 13 and
S. 169, S. 96 would make the repeal permanent by repealing the sunset for all
provisions of EGTRRA (not just the estate tax provisions). In addition, S. 96 would
accelerate the income tax rate reductions scheduled under EGTRRA and introduce
other provisions favorable to investments and retirement plans.
Third, three bills would retain but alter the estate tax. One is in the House and
two in the Senate. Two would repeal the estate tax for qualified family-owned
business interests. Two would increase the applicable exclusion amount (exemption)
for all estates.7 One would do both. As revenue offsets to the other provisions of
H.R. 396 (DeFazio), section 602 of the bill would repeal EGTRRA’s repeal of the
estate and GST taxes. It would increase the applicable exclusion amount to $5
million starting in 2004; keep the maximum estate tax rate at its 2003 level of 49%,
applied to taxable estate amounts over $2 million; and repeal the carryover basis that
7 The amount of a decedent’s assets that may be transferred free from estate tax is commonly
referred to as the “exemption amount” or simply the “exemption.” Formally, however, in
the Internal Revenue Code , the exemption is called the “applicable exclusion amount.”
EGTRRA calls it the “unified credit effective exemption amount,” referring to the unified
estate and gift tax credit. Under the law prior to EGTRRA, the applicable exclusion amount
was scheduled to rise from $675,000 in 2001, in steps, to $1 million in 2006. Thus, $1
million would be the exemption amount in effect if EGTRRA sunsets as scheduled on
December 31, 2010. EGTRRA raised the applicable exclusion amount to $1 million for
2002 and 2003, $1.5 million for 2004 and 2005, $2 million for 2006-2008, and $3.5 million
for 2009, before the tax is repealed in 2010. See CRS Report RL31061, Estate and Gift Tax
Law: Changes Under the Economic Growth and Tax Relief Reconciliation Act of 2001, by
Nonna A. Noto, 4-5. For further explanation of the relationship between the applicable
exclusion amount and the applicable credit amount, see CRS Report RL31092, Calculating
Estate Tax Liability During the Estate Tax Phasedown Period 2001-2009, by Nonna A.
Noto, 1-2.

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is scheduled to take effect in 2010 under EGTRRA (keeping stepped-up basis). In
addition, section 601 would freeze EGTRRA’s reduction of the top individual
income tax marginal rate at its 2003 level of 38.6%.

S. 34 (Lincoln) would keep the estate tax but immediately and permanently
repeal the tax on family-owned businesses and farms. These would be classified as
carryover business interests (COBIs) and carryover (not stepped-up) basis would
apply in any subsequent sale by the heir. S. 34 would also eliminate several
restrictive requirements included under the current QFOBI rules. In contrast, S. 135
(Dayton) would eliminate both EGTRRA’s repeal of the estate tax and its institution
of carryover basis. It would immediately increase the applicable exclusion amount
for all estates to $4 million and provide a complete estate tax exclusion for family-
owned businesses. It would also expand the 10% (lowest) tax bracket under the
individual income tax, freeze the rate decline for the top income tax brackets, and
address other income tax issues.
Fourth, four House bills and one Senate bill would repeal the estate tax as part
of a major overhaul of the federal tax system. H.R. 25 (Linder) would repeal the
estate, income, and payroll taxes and replace them with a national sales tax. H.R.
269 (English) would repeal the estate and income taxes and replace them with a
“simplified USA tax,” an adaptation of the current individual and corporate income
taxes. H.R. 1789 (Crane) would repeal the estate and corporate income taxes; it
would also replace the current individual income tax with a 10% tax on the earned
income (and only the earned income) of individuals and would not permit any
specific exclusions, deductions, or credits in the computation of tax liability.
H.J.Res. 15 (Paul) proposes an amendment to the U.S. Constitution that would
abolish the estate and gift taxes, along with the personal income tax, and prohibit the
U.S. government from engaging in business in competition with its citizens. S. 907
(Specter) would repeal the estate, gift, and generation-skipping transfer taxes. It
would also replace the current individual and corporate income taxes with a flat tax
of 20% on the taxable earned income of individuals and on the business taxable
income of individuals, partnerships, corporations, or other tax entity, with certain
deductions permitted under each tax.
In the descriptions below related to provisions of EGTRRA, references to the
estate tax include the generation-skipping transfer tax, but not the gift tax. Under
EGTRRA, the gift tax would continue after the estate tax is repealed. Also under
EGTRRA, the repeal of the estate and GST taxes is accompanied by replacing the
step-up in basis treatment by a “modified carryover basis” for inherited assets. Any
exceptions to these conventions are noted in the bill descriptions that follow.
House
H.R. 25 (Linder ). Fair Tax Act of 2003. H.R. 25 would repeal the federal
estate and gift taxes, along with the income and payroll taxes. In their stead, would
institute a national sales tax, to be administered largely by the states. Three of the
four negative findings listed in the bill in relation to the estate tax are statements
about the detrimental effects the tax has on small businesses and farms. Introduced
January 7, 2003. Referred to the Committee on Ways and Means.

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H.R. 51 (Cox). Family Heritage Preservation Act. H.R. 51 would repeal the
federal death tax, including gift taxes as well as the estate tax and the tax on
generation-skipping transfers, effective in 2003. Lists seven findings related to death
taxes and saving, investments, and other taxes. Introduced January 7, 2003.
Referred to the Committee on Ways and Means.
H.R. 57 (Dunn). Death Tax Permanency Act of 2003. H.R. 57 would make
the repeal of the estate tax and generation-skipping transfer tax permanent. Would
remove the sunset provision solely from the estate tax provisions (Title V) of
EGTRRA. Equivalent in substance to H.R. 139 and H.R. 158. H.R. 57 was
introduced January 7, 2003. Referred to the Committee on Ways and Means.
H.R. 139 (McInnis). Permanent Death Tax Repeal Act of 2003. Equivalent
in substance to H.R. 57. H.R. 139 was introduced January 7, 2003. Referred to the
Committee on Ways and Means.
H.R. 158 (Pitts). Equivalent in substance to H.R. 57. H.R. 158 was
introduced January 7, 2003. Referred to the Committee on Ways and Means.
H.R. 269 (English). Simplified USA Tax Act of 2003. Title V of H.R. 269
would repeal the gift tax as well as the estate and GST taxes. H.R. 269 would also
repeal the existing individual income tax and corporate income tax but replace them
with a simplified USA tax for individuals and for businesses, based on a new
definition of taxable income and a reduced number of deductions. Introduced
January 8, 2003. Referred to the Committee on Ways and Means.
H.R. 396 (DeFazio). Emergency Anti-Recession Act of 2003. Section 602
of H.R. 396 would retain the estate and GST taxes by repealing EGTRRA’s repeal
of those taxes. It would also increase the applicable exclusion amount to $5 million
starting in 2004; keep the maximum estate tax rate at its 2003 level of 49% (for
taxable estate amounts over $2 million); and repeal the carryover basis that is
scheduled to take effect in 2010 under EGTRRA. These estate tax provisions,
together with freezing the reduction of the top individual income tax marginal rate
at its 2003 level of 38.6% (Sec. 601), are revenue offsets to the other provisions of
the bill. Introduced January 28, 2003. Referred to the Committee on Ways and
Means and, in addition, to the Committees on Transportation and Infrastructure;
Education and the Workforce; Energy and Commerce; Agriculture; Financial
Services; and Armed Services.
H.R. 1789 (Crane). Crane Tithe Tax Act of 2003. Section 6 of H.R. 1789
would repeal the estate, gift, and generation-skipping transfer taxes. H.R. 1789
would also repeal the income taxation of corporations; replace the current individual
income tax with a 10% tax on the earned income (and only the earned income) of
individuals; repeal all specific exclusions, deductions, and credits related to the
computation of individual income tax liability; and provide amnesty for all unpaid
tax liability for prior taxable years. It would permit a $10,000 exemption (indexed)
per earner. Introduced April 11, 2003. Referred to the Committee on Ways and
Means.

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H.J.Res. 15 (Paul). H.J.Res. 15 is a joint resolution proposing an amendment
to the Constitution of the United States relative to abolishing personal income, estate,
and gift taxes and prohibiting the United States Government from engaging in
business in competition with its citizens. Would require the liquidation of activities
and sale of affected properties and facilities of the United States government which
violate the intent and purposes of the amendment. Would repeal the sixteenth
amendment to the Constitution (which grants Congress the power to impose and
collect income taxes). Introduced January 28, 2003. Referred to the Committee on
the Judiciary.
Senate
S. 13 (Kyl). Death Tax Fairness Act of 2003. S. 13 would accelerate the
repeal of the estate and generation-skipping transfer taxes to 2005 (compared to 2010
under EGTRRA). Would make permanent the repeal of the estate and GST taxes by
removing the sunset provision solely with respect to the estate tax provisions of
EGTRRA (Title V) after 2010. S. 13 is equivalent in substance to S. 169 (Kyl).
Introduced February 14, 2003. Read the second time and placed on the calendar
February 24, 2003.
S. 34 (Lincoln). Estate Tax Repeal Acceleration (ExTRA) for Family-Owned
Businesses and Farms Act. S. 34 would immediately and permanently repeal the
estate tax on family-owned businesses and farms. Would repeal section 2057 of the
Internal Revenue Code (IRC) regarding the deduction for qualified family-owned
business interests. In its stead, would introduce a new section 2059 of the IRC
providing for a dollar-unlimited deduction from the gross estate of the “carryover
business interests” of the decedent. Carryover (not stepped-up) basis would apply
in any subsequent sale by the beneficiary. No spousal property basis increase could
be allocated to a COBI. The COBI deduction could not apply to property acquired
by the decedent by gift, or for less than adequate and full consideration, during the
three-year period before the decedent’s death.
The bill would eliminate several requirements under the current QFOBI rules:
that the business represent at least 50% of the decedent’s gross estate; that the heir
materially participate in the business; that the tax benefit be recaptured if the heir
does not participate over the next 10 years; and that not more than 35% of a
business’s adjusted gross income be passive income. The exempt COBI would be
permitted to hold cash or marketable securities, or both, up to “reasonably anticipated
business needs,” a term that is expected to encompass funds needed to retire debt or
expand the business. This is in contrast to current law which limits exempt cash and
marketable securities to the “reasonably expected day-to-day working capital needs”
of the business.
The executor would have the option to allow family-owned business interests
to pass under ordinary estate tax law, as would the other taxable assets in the estate.
Under ordinary law, the (net) taxable estate would be free from estate tax for amounts
up to the applicable exclusion amount plus property transferred to a surviving spouse
under the unlimited marital deduction. Assets would receive a step-up in basis, with
the exception that the aggregate spousal basis increase would be limited to $3
million.

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These amendments would apply to the estates of decedents dying and gifts made
1) after December 31, 2003, and before January 1, 2010, and 2) after December 31,
2011 [sic]. (Presumably, December 31, 2010, is intended. If this presumption is
correct, the bill assumes that the estate tax will remain in effect except for 2010, as
provided by EGTRRA and its sunset provision.) No estate tax would be due on the
estates of decedents who die in 2010, the year of repeal under current law.
Introduced January 7, 2003. Referred to the Committee on Finance.
S. 96 (Kyl). Contract With Investors. S. 96 would repeal the sunset for all tax
provisions of EGTRRA, including those applying to the estate tax. Would accelerate
the repeal of the estate and generation-skipping transfer taxes to 2005 (compared to
2010 under current law). In addition, would accelerate the scheduled reductions in
individual income tax rates. Would reduce the maximum capital gains tax rate for
individuals to 10% (from 20%). Would increase the limit on capital losses applicable
to individuals to $10,000 (from $3,000), indexed for inflation. Would accelerate the
scheduled increase in contributions to certain retirement plans. Would increase the
age for beginning mandatory distributions from qualified pension and retirement
plans to 75 (from 70 1/2). Would exclude from income taxation dividends received
by individuals.
Includes a sense of the Senate resolution endorsing action by Congress to
safeguard American workers’ pension and retirement accounts; to modernize this
country’s international tax provisions in order to enhance the international
competitiveness of U.S. companies; to repeal redundant, outdated, and unscientific
regulatory burdens on investors and U.S. companies and perform a cost-benefit
analysis before enacting new burdens; to enact meaningful tort reform; and to enact
meaningful tax reform that simplifies the federal tax code and reduces the cost
recovery periods that businesses must use to recover the cost of capital (reduces the
number of years over which depreciation deductions must be spread). Introduced
January 7, 2003. Referred to the Committee on Finance.
S. 135 (Dayton). Dayton Fair Tax Cut Act. S. 135 would eliminate
EGTRRA’s repeal of the estate tax and its institution of carryover basis. Instead,
would immediately increase the applicable exclusion amount to $4 million and
provide a complete estate tax exclusion for family-owned businesses. Would also
expand the 10% (lowest) tax bracket under the income tax and freeze the rate decline
for the top income tax brackets. Also addresses tax shelter transactions; expatriate
corporations; acceleration of increase in child tax credit; acceleration of marriage
penalty relief; and extension of alternative minimum tax relief. Introduced January
9, 2003. Referred to the Committee on Finance.
S. 169 (Kyl). Permanent Death Tax Repeal Act of 2003. S. 169 would
accelerate the repeal of the estate and generation-skipping transfer taxes and the
implementation of the modified carryover basis to 2005 (compared to 2010 under
EGTRRA). Would make permanent the repeal of the estate and GST taxes by
removing the sunset provision solely with respect to the estate tax provisions of
EGTRRA (Title V) after 2010. S. 169 is equivalent in substance to S. 13 (Kyl).
Introduced January 15, 2003. Referred to the Committee on Finance.

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S. 907 (Specter). Flat Tax Act of 2003. Section 3 of S. 907 would repeal
estate and gift taxes. Also repealed would be the Internal Revenue Code provisions
for the Presidential Election Campaign Fund and coal industry health benefits. In
addition, S. 907 would replace the current individual and corporate income taxes
with a flat tax of 20% on individual taxable earned income and on business taxable
income. Certain deductions would be permitted.
For individuals, a standard deduction, a deduction for cash charitable
contributions capped at $2,500, and a deduction for (interest payments on) home
acquisition indebtedness of up to $100,000 would be permitted. The size of the
standard deduction would be based on the tax filing status and the number of
dependents. For businesses, deductions for the cost of business inputs (including
reasonable travel and entertainment expenses), employee compensation (including
contributions to qualified retirement plans but not other fringe benefits), and the cost
of personal and real property used in the business activity would be permitted.
Business deductions for certain lobbying and political expenditures would be
excluded, with an exception for expenses related to local legislation. The tax on
business activities would apply to individuals, partnerships, corporations, or other tax
entity engaged in a business activity. Introduced April 11, 2003. Referred to the
Committee on Finance.
For Additional Information
CRS Electronic Briefing Book, Taxation, “Federal Estate and Gift Tax,” available
at [http://www.congress.gov/brbk/html/ebtxr35.html].
CRS Report RL31092, Calculating Estate Tax Liability During the Estate Tax
Phasedown Period 2001-2009, by Nonna A. Noto.
CRS Report RS20609, Economic Issues Surrounding the Estate and Gift Tax: A
Brief Summary, by Jane G. Gravelle.
CRS Report RL30600, Estate and Gift Taxes: Economic Issues, by Jane G. Gravelle
and Steven Maguire.
CRS Report RL31061, Estate and Gift Tax Law: Changes Under the Economic
Growth and Tax Relief Reconciliation Act of 2001, by Nonna A. Noto.
CRS Report RS21224, Estate Tax: Legislative Activity in 2002, by Nonna A. Noto.
CRS Report 95-416, Federal Estate, Gift, and Generation-Skipping Taxes: A
Description of Current Law, by John R. Luckey, Legislative Attorney.

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