# Pub. L. 108-311: changes to the Internal Revenue Code 2004-10-04, 118 Stat. 1167. Source: . ## Legislative history - Bill: [H.R. 1308](https://www.congress.gov/bill/108th-congress/house-bill/1308) - Conference report: [H. Rept. 108-696](https://www.govinfo.gov/content/pkg/CRPT-108hrpt696/html/CRPT-108hrpt696.htm) - Bluebook: [JCT general explanation (2005)](https://www.govinfo.gov/app/details/CPRT-109JPRT21118) ## § 1: Tax imposed - § 1(f)(8): Pub. L. 108–311, § 101(c), amended par. (8) generally, substituting provisions relating to elimination of marriage penalty in 15-percent bracket for provisions relating to phaseout of marriage penalty in 15-percent bracket. - § 1(g)(7)(B)(ii)(II): Pub. L. 108–311, § 408(a)(1), substituted “10 percent” for “10 percent.” - § 1(h)(1)(D): Pub. L. 108–311, § 402(a)(1), inserted “(determined without regard to paragraph (11))” after “net capital gain”. - § 1(h)(6)(A)(ii)(I): Pub. L. 108–311, § 408(a)(2)(A), substituted “(4)(B)” for “(5)(B)”. - § 1(h)(6)(A)(ii)(II): Pub. L. 108–311, § 408(a)(2)(B), substituted “(4)(A)” for “(5)(A)”. - § 1(h)(11)(B)(iii)(I): Pub. L. 108–311, § 402(a)(2), substituted “substituting in section 246(c)” for “substituting in section 246(c)(1)”, “121-day period” for “120-day period”, and “91-day period” for “90-day period”. - § 1(h)(11)(D)(ii): Pub. L. 108–311, § 402(a)(3), substituted “a taxpayer to whom this section applies” for “an individual”. - § 1(i)(1)(B)(i): Pub. L. 108–311, § 101(d)(1), struck out “($12,000 in the case of taxable years beginning after December 31, 2004, and before January 1, 2008)” after “$14,000”. - § 1(i)(1)(C): Pub. L. 108–311, § 101(d)(2), reenacted heading without change and amended text generally, substituting provisions relating to inflation adjustment in calendar years after 2003 for such provisions in calendar years after 2000. ## § 2: Definitions and special rules - § 2(a)(1)(B): Pub. L. 108–311, § 207(1), inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”. - § 2(b)(1)(A)(i): Pub. L. 108–311, § 202(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “a son, stepson, daughter, or stepdaughter of the taxpayer, or a descendant of a son or daughter of the taxpayer, but if such son, stepson, daughter, stepdaughter, or descendant is married at the close of the taxpayer’s taxable year, only if the taxpayer is entitled to a deduction for the taxable year for such person under section 151 (or would be so entitled but for paragraph (2) or (4) of section 152(e)), or”. - § 2(b)(2): Pub. L. 108–311, § 202(b)(1), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: “a legally adopted child of a person shall be considered a child of such person by blood;”. - § 2(b)(3)(B)(i), § 2(b)(3)(B)(ii): Pub. L. 108–311, § 202(b)(2), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows: ## § 21: Expenses for household and dependent care services necessary for gainful employment - § 21(a)(1): Pub. L. 108–311, § 203(a), substituted “In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual” for “In the case of an individual who maintains a household which includes as a member one or more qualifying individuals (as defined in subsection (b)(1))”. - § 21(b)(1): Pub. L. 108–311, § 203(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualifying individual’ means— - § 21(e)(1): Pub. L. 108–311, § 203(c), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “An individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for such period is furnished by such individual (or, if such individual is married during such period, is furnished by such individual and his spouse).” - § 21(e)(5): Pub. L. 108–311, § 207(2), struck out “paragraph (2) or (4) of” before “section 152(e)” in subpar. (A) and substituted “as defined in section 152(e)(3)(A)” for “within the meaning of section 152(e)(1)” in concluding provisions. - § 21(e)(6)(B): Pub. L. 108–311, § 207(3), substituted “section 152(f)(1)” for “section 151(c)(3)”. ## § 24: Child tax credit - § 24(a): Pub. L. 108–311, § 101(a), reenacted heading without change and amended text generally, substituting provisions relating to $1,000 per year credit per qualifying child for provisions relating to different credit amounts for calendar years 2003 through 2010 or thereafter. - § 24(c)(1): Pub. L. 108–311, § 204(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualifying child’ means any individual if— - § 24(c)(2): Pub. L. 108–311, § 204(b), substituted “subparagraph (A) of section 152(b)(3)” for “the first sentence of section 152(b)(3)”. - § 24(d)(1): Pub. L. 108–311, § 104(a), inserted at end of concluding provisions “For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.” - § 24(d)(1)(B)(i): Pub. L. 108–311, § 102(a), struck out “(10 percent in the case of taxable years beginning before January 1, 2005)” after “15 percent”. - § 24(d)(2)(A)(iii): Pub. L. 108–311, § 408(b)(4), amended directory language of Pub. L. 107–90. See 2001 Amendment note below. ## § 25B: Elective deferrals and IRA contributions by certain individuals - § 25B(c)(2)(B): Pub. L. 108–311 substituted “152(f)(2)” for “151(c)(4)”. ## § 26: Limitation based on tax liability; definition of tax liability - § 26(a)(2): Pub. L. 108–311, § 312(a), substituted “rule for taxable years 2000 through 2005” for “rule for 2000, 2001, 2002, and 2003” in heading and “2003, 2004, or 2005” for “or 2003” in text. - § 26(b)(2)(R): Pub. L. 108–311, § 408(a)(5)(A), substituted “Medicare Advantage MSA” for “Medicare+Choice MSA”. - § 26(b)(2)(S): Pub. L. 108–311, § 401(a)(1), added subpar. (S). ## § 32: Earned income - § 32(c)(1)(C), § 32(c)(1)(D), § 32(c)(1)(E), § 32(c)(1): Pub. L. 108–311, § 205(b)(1), redesignated subpars. (D) to (G) as (C) to (F), respectively, and struck out former subpar. (C) which related to 2 or more claiming qualifying child. - § 32(c)(2)(B)(vi): Pub. L. 108–311, § 104(b), added cl. (vi). - § 32(c)(3): Pub. L. 108–311, § 205(a), amended par. (3) generally, substituting subpars. (A) to (D) for former subpars. (A) to (E), relating to qualifying child in general, relationship test, age requirements, identification requirements, and place of abode requirements. - § 32(c)(4): Pub. L. 108–311, § 205(b)(2), substituted “(3)(C)” for “(3)(E)”. - § 32(m): Pub. L. 108–311, § 205(b)(3), substituted “(c)(1)(E)” for “(c)(1)(F)”. ## § 35: Health insurance costs of eligible individuals - § 35(g)(3): Pub. L. 108–311 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “Amounts distributed from an Archer MSA (as defined in section 220(d)) shall not be taken into account under subsection (a).” ## § 41: Credit for increasing research activities - § 41(h)(1): Pub. L. 108–311 substituted “December 31, 2005” for “June 30, 2004”. ## § 42: Low-income housing credit - § 42(d)(2)(D): Pub. L. 108–311, § 408(a)(3), substituted “section 179(d)(7)” for “section 179(b)(7)”. - § 42(i)(3)(D)(ii)(I): Pub. L. 108–311, § 207(8), inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”. ## § 45: Electricity produced from certain renewable resources, etc. - § 45(c)(3): Pub. L. 108–311 substituted “January 1, 2006” for “January 1, 2004” in subpars. (A) to (C). ## § 45A: Indian employment credit - § 45A(c)(3): Pub. L. 108–311, § 404(b)(1), inserted “, except that the base period taken into account for purposes of such adjustment shall be the calendar quarter beginning October 1, 1993” before period at end. - § 45A(f): Pub. L. 108–311, § 315, substituted “December 31, 2005” for “December 31, 2004”. ## § 45C: Clinical testing expenses for certain drugs for rare diseases or conditions - § 45C(b)(1): Pub. L. 108–311 substituted “December 31, 2005” for “June 30, 2004”. ## § 51: Amount of credit - § 51(c)(4): Pub. L. 108–311, § 303(a)(1), substituted “2005” for “2003”. - § 51(i)(1)(A), § 51(i)(1)(B): Pub. L. 108–311, § 207(5)(A), substituted “subparagraphs (A) through (G) of section 152(d)(2)” for “paragraphs (1) through (8) of section 152(a)”. - § 51(i)(1)(C): Pub. L. 108–311, § 207(5)(B), substituted “152(d)(2)(H)” for “152(a)(9)”. ## § 55: Alternative minimum tax imposed - § 55(b)(3)(B): Pub. L. 108–311, § 406(d), substituted “an amount equal to the excess described in” for “the amount on which a tax is determined under”. - § 55(d)(1)(A), § 55(d)(1)(B): Pub. L. 108–311, § 103(a), substituted “2003, 2004, and 2005” for “2003 and 2004”. ## § 56: Adjustments in computing alternative minimum taxable income - § 56(d)(1)(A)(i)(I): Pub. L. 108–311, § 403(b)(4)(A), struck out “attributable to carryovers” after “other than the deduction”. - § 56(d)(1)(A)(ii)(I): Pub. L. 108–311, § 403(b)(4)(B), substituted “from taxable years” for “for taxable years” and “carryovers” for “carryforwards”. ## § 62: Adjusted gross income defined - § 62(a)(2)(D): Pub. L. 108–311 substituted “, 2003, 2004, or 2005” for “or 2003”. ## § 63: Taxable income defined - § 63(c)(2): Pub. L. 108–311, § 101(b)(1), reenacted heading without change and amended text generally, substituting provisions relating to a specific percentage for provisions relating to applicable percentage in subpar. (A), redesignating subpar. (D) as (C), and deleting former subpar. (C) relating to married individuals filing separately. - § 63(c)(4): Pub. L. 108–311, § 101(b)(2)(A), substituted “(2)(C)” for “(2)(D)” in introductory provisions and in subpar. (B)(i). - § 63(c)(7): Pub. L. 108–311, § 101(b)(2)(B), struck out par. (7) which related to applicable percentage for purposes of par. (2). ## § 72: Annuities; certain proceeds of endowment and life insurance contracts - § 72(e)(9): Pub. L. 108–311, § 408(b)(3), amended Pub. L. 107–22, § 1(b)(3)(A). See 2001 Amendment note below. - § 72(f): Pub. L. 108–311, § 408(a)(4), substituted “Economic Growth and Tax Relief Reconciliation Act of 2001)” for “Economic Growth and Tax Relief Reconciliation Act of 2001” in concluding provisions. - § 72(t)(2)(D)(i)(III): Pub. L. 108–311, § 207(6), inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”. - § 72(t)(7)(A)(iii): Pub. L. 108–311, § 207(7), substituted “152(f)(1)” for “151(c)(3)”. ## § 105: Amounts received under accident and health plans - § 105(b), § 105(c)(1): Pub. L. 108–311 inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”. ## § 125: Cafeteria plans - § 125(e)(1)(D): Pub. L. 108–311 inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”. ## § 129: Dependent care assistance programs - § 129(c)(2): Pub. L. 108–311 substituted “152(f)(1)” for “151(c)(3)”. ## § 132: Certain fringe benefits - § 132(h)(2)(B): Pub. L. 108–311 substituted “152(f)(1)” for “151(c)(3)” in introductory provisions. ## § 137: Adoption assistance programs - § 137(b)(1): Pub. L. 108–311 amended directory language of Pub. L. 107–147, § 411(c)(2)(B). See 2002 Amendment note below. ## § 138: Medicare Advantage MSA - § 138: Pub. L. 108–311, § 408(a)(5)(A)–(D), substituted “Medicare Advantage” for “Medicare+Choice” wherever appearing in section catchline, headings, and text. - § 138(c)(2)(C)(i): Pub. L. 108–311, § 408(a)(5)(E), substituted “Medicare Advantage MSAs” for “Medicare+Choice MSAs”. - § 138(f): Pub. L. 108–311, § 408(a)(5)(F), substituted “Medicare Advantage MSAs” for “Medicare+Choice MSA’s”. ## § 151: Allowance of deductions for personal exemptions - § 151(c): Pub. L. 108–311 reenacted heading without change and amended text generally. Prior to amendment, text consisted of pars. (1) to (6) relating to additional exemption for dependents in general, exemption denied in case of certain married dependents, child defined, student defined, certain income of handicapped dependents not taken into account, and treatment of missing children, respectively. ## § 152: Dependent defined - § 152: Pub. L. 108–311 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to general definition of dependent, rules relating to general definition, multiple support agreements, special support test in case of students, and support test in case of child of divorced parents, etc., respectively. ## § 153: Cross references - § 153(1), § 153(2), § 153(3), § 153: Pub. L. 108–311 redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “For definitions of ‘husband’ and ‘wife’, as used in section 152(b)(4), see section 7701(a)(17).” ## § 165: Losses - § 165(i)(1), § 165(k): Pub. L. 108–311 inserted “Robert T. Stafford” before “Disaster Relief and Emergency Assistance Act”. ## § 168: Accelerated cost recovery system - § 168(j)(8): Pub. L. 108–311, § 316, substituted “2005” for “2004”. - § 168(k)(2)(B)(i): Pub. L. 108–311, § 403(a)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualified property’ includes property— - § 168(k)(2)(D)(ii): Pub. L. 108–311, § 408(a)(6)(A), inserted “is” after “if property” in introductory provisions. - § 168(k)(2)(D)(ii): Pub. L. 108–311, § 403(a)(2)(B), inserted “clause (iii) and” before “subparagraph (A)(ii)” in introductory provisions. - § 168(k)(2)(D)(ii): Pub. L. 108–311, § 408(a)(6)(B), struck out “is” before “originally”. - § 168(k)(2)(D): Pub. L. 108–311, § 403(a)(2)(A), added cls. (iii) and (iv). - § 168(k)(2)(F): Pub. L. 108–311, § 408(a)(8), substituted “minimum” for “miniumum” in heading. ## § 170: Charitable, etc., contributions and gifts - § 170(e)(6): Pub. L. 108–311, § 306(a), substituted “2005” for “2003”. - § 170(g)(1): Pub. L. 108–311, § 207(15), inserted “(determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)” after “section 152” in introductory provisions. - § 170(g)(3): Pub. L. 108–311, § 207(16), substituted “subparagraphs (A) through (G) of section 152(d)(2)” for “paragraphs (1) through (8) of section 152(a)”. ## § 172: Net operating loss deduction - § 172(b)(1): Pub. L. 108–311 struck out “a taxpayer which has” after “In the case of”. ## § 198: Expensing of environmental remediation costs - § 198(h): Pub. L. 108–311 substituted “2005” for “2003”. ## § 213: Medical, dental, etc., expenses - § 213(a): Pub. L. 108–311, § 207(17), inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”. - § 213(d)(11): Pub. L. 108–311, § 207(18), substituted “subparagraphs (A) through (G) of section 152(d)(2)” for “paragraphs (1) through (8) of section 152(a)” in concluding provisions. ## § 220: Archer MSAs - § 220(d)(2)(A): Pub. L. 108–311, § 207(19), inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”. - § 220(i)(2), § 220(i)(3)(B): Pub. L. 108–311, § 322(a), substituted “2005” for “2003” wherever appearing in headings and text. - § 220(j)(2): Pub. L. 108–311, § 322(b)(1)(B), substituted “2002, or 2004” for “or 2002” in heading. - § 220(j)(2)(A), § 220(j)(2)(B): Pub. L. 108–311, § 322(b)(1)(A), substituted “2002, or 2004” for “or 2002” in introductory provisions. - § 220(j)(2)(C): Pub. L. 108–311, § 322(b)(3), amended heading and text of subpar. (C) generally. Prior to amendment text read as follows: “The numerical limitation shall not apply for 2000.” - § 220(j)(4)(A): Pub. L. 108–311, § 322(b)(2), substituted “2002, and 2004” for “and 2002” in introductory provisions. ## § 221: Interest on education loans - § 221(d)(4): Pub. L. 108–311, § 207(20), inserted “(determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)” after “section 152”. - § 221(f)(1): Pub. L. 108–311, § 408(b)(5), amended directory language of Pub. L. 107–16, § 412(b)(2). See 2001 Amendment note below. ## § 246: Rules applying to deductions for dividends received - § 246(c)(1)(A): Pub. L. 108–311, § 406(f)(1), substituted “91-day period” for “90-day period”. - § 246(c)(2)(B): Pub. L. 108–311, § 406(f)(2), substituted “181-day period” for “180-day period” and “91-day period” for “90-day period”. ## § 246A: Dividends received deduction reduced where portfolio stock is debt financed - § 246A(b)(1): Pub. L. 108–311 substituted “section 243(d)(4)” for “section 243(c)(4)”. ## § 263: Capital expenditures - § 263(g)(2)(B)(ii): Pub. L. 108–311 substituted “1276” for “1278”. ## § 401: Qualified pension, profit-sharing, and stock bonus plans - § 401(a)(26)(C), § 401(a)(26)(D), § 401(a)(26)(E), § 401(a)(26)(F), § 401(a)(26)(G), § 401(a)(26)(H), § 401(a)(26)(I): Pub. L. 108–311 redesignated subpars. (D) to (I) as (C) to (H), respectively, and struck out heading and text of former subpar. (C). Text read as follows: “In the case of contributions under section 401(k) or 401(m), employees who are eligible to contribute (or may elect to have contributions made on their behalf) shall be treated as benefiting under the plan.” ## § 403: Taxation of employee annuities - § 403(a)(4)(B): Pub. L. 108–311, § 404(e), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Rules similar to the rules of paragraphs (2) through (7) of section 402(c) shall apply for purposes of subparagraph (A).” - § 403(b)(7)(A)(ii): Pub. L. 108–311, § 408(a)(11), substituted “3121(a)(5)(D)” for “3121(a)(1)(D)”. ## § 408: Individual retirement accounts - § 408(a)(1): Pub. L. 108–311, § 408(a)(12), substituted “457(e)(16),” for “457(e)(16)”. - § 408(n)(2): Pub. L. 108–311, § 408(a)(13), substituted “paragraph (6) or (7) of section 101” for “section 101(6)”. - § 408(p)(6)(A)(i): Pub. L. 108–311, § 404(d), inserted at end “For purposes of the preceding sentence, amounts described in section 6051(a)(3) shall be determined without regard to section 3401(a)(3).” ## § 411: Minimum vesting standards - § 411(a)(12): Pub. L. 108–311 substituted “6 or more” for “6” in table. ## § 414: Definitions and special rules - § 414(q)(7): Pub. L. 108–311 substituted “subsection” for “section”. ## § 415: Limitations on benefits and contribution under qualified plans - § 415(c)(7)(C): Pub. L. 108–311, § 408(a)(17), substituted “subparagraph (B)” for “subparagraph (D)”. - § 415(d)(4)(A): Pub. L. 108–311, § 404(b)(2), inserted at end “This subparagraph shall also apply for purposes of any provision of this title that provides for adjustments in accordance with the method contained in this subsection, except to the extent provided in such provision.” ## § 416: Special rules for top-heavy plans - § 416(i)(1)(A): Pub. L. 108–311 substituted “In the case of plan years” for “in the case of plan years” in concluding provisions. ## § 529: Qualified tuition programs - § 529(c)(5)(B): Pub. L. 108–311, § 406(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The taxes imposed by chapters 12 and 13 shall apply to a transfer by reason of a change in the designated beneficiary under the program (or a rollover to the account of a new beneficiary) only if the new beneficiary is a generation below the generation of the old beneficiary (determined in accordance with section 2651).” - § 529(e)(2)(B): Pub. L. 108–311, § 207(21), substituted “subparagraphs (A) through (G) of section 152(d)(2)” for “paragraphs (1) through (8) of section 152(a)”. ## § 530: Coverdell education savings accounts - § 530(d)(2)(C)(i): Pub. L. 108–311, § 404(a), struck out “higher” after “qualified” in introductory provisions. - § 530(d)(4)(B)(iii): Pub. L. 108–311, § 406(b), substituted “designated beneficiary” for “account holder”. ## § 613A: Limitations on percentage depletion in case of oil and gas wells - § 613A(c)(6): Pub. L. 108–311 substituted “2006” for “2004”. ## § 691: Recipients of income in respect of decedents - § 691(c)(4): Pub. L. 108–311 struck out “of any gain” before “taken into account”. ## § 854: Limitations applicable to dividends received from regulated investment company - § 854(b)(1)(B)(i): Pub. L. 108–311, § 402(a)(5)(A)(ii), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “If the aggregate dividends received by a regulated investment company during any taxable year are less than 95 percent of its gross income, then, in computing the maximum rate under section 1(h)(11), rules similar to the rules of subparagraph (A) shall apply.” - § 854(b)(1)(B): Pub. L. 108–311, § 402(a)(5)(A)(i), struck out cls. (iii) and (iv) which related to dividends from real estate investment trusts and dividends from qualified foreign corporations, respectively. - § 854(b)(1)(C): Pub. L. 108–311, § 402(a)(5)(B), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “The aggregate amount which may be designated as dividends under subparagraph (A) or (B) shall not exceed the aggregate dividends received by the company for the taxable year.” - § 854(b)(2): Pub. L. 108–311, § 402(a)(5)(C), substituted “as qualified dividend income for purposes of section 1(h)(11) and as dividends for purposes of” for “as a dividend for purposes of the maximum rate under section 1(h)(11) and”. - § 854(b): Pub. L. 108–311, § 402(a)(5)(D), amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “For purposes of paragraph (1)(B), an amount shall be treated as a dividend only if the amount is qualified dividend income (within the meaning of section 1(h)(11)(B)).” ## § 857: Taxation of real estate investment trusts and their beneficiaries - § 857(c)(2): Pub. L. 108–311, § 402(a)(5)(E), reenacted heading without change and amended text generally. Prior to amendment, text related to rules applicable to dividends received from real estate investment trusts for purposes of section 1(h)(11) of this title. ## § 901: Taxes of foreign countries and of possessions of United States - § 901(k)(1)(A)(i): Pub. L. 108–311, § 406(g)(1), substituted “31-day period” for “30-day period”. - § 901(k)(3)(B): Pub. L. 108–311, § 406(g)(2), substituted “91-day period” for “90-day period” and “31-day period” for “30-day period”. ## § 904: Limitation on credit - § 904(h): Pub. L. 108–311 substituted “2003, 2004, or 2005” for “or 2003”. ## § 1033: Involuntary conversions - § 1033(h)(3): Pub. L. 108–311 inserted “Robert T. Stafford” before “Disaster Relief and Emergency Assistance Act”. ## § 1234B: Gains or losses from securities futures contracts - § 1234B(c): Pub. L. 108–311 inserted at end “The Secretary may prescribe regulations regarding the status of contracts the values of which are determined directly or indirectly by reference to any index which becomes (or ceases to be) a narrow-based security index (as defined for purposes of section 1256(g)(6)).” ## § 1256: Section 1256 contracts marked to market - § 1256(g)(6): Pub. L. 108–311 added at end of concluding provisions “The Secretary may prescribe regulations regarding the status of options the values of which are determined directly or indirectly by reference to any index which becomes (or ceases to be) a narrow-based security index (as so defined).” ## § 1259: Constructive sales treatment for appreciated financial positions - § 1259(c)(2): Pub. L. 108–311, § 406(e)(1), substituted “A taxpayer shall not be treated as having made a constructive sale solely because the taxpayer enters into a contract” for “The term ‘constructive sale’ shall not include any contract”. - § 1259(c)(3)(A): Pub. L. 108–311, § 406(e)(2), substituted “cause a constructive sale” for “be treated as a constructive sale” in introductory provisions. - § 1259(c)(3)(A)(i): Pub. L. 108–311, § 406(e)(3), substituted “on or before” for “before the end of”. - § 1259(c)(3)(B): Pub. L. 108–311, § 406(e)(7), substituted “certain closed transactions where risk of loss on appreciated financial position diminished” for “positions which are reestablished” in heading. - § 1259(c)(3)(B)(i): Pub. L. 108–311, § 406(e)(2), substituted “cause a constructive sale” for “be treated as a constructive sale”. - § 1259(c)(3)(B)(ii): Pub. L. 108–311, § 406(e)(4), struck out “substantially similar” after “another” in introductory provisions. - § 1259(c)(3)(B)(ii)(I): Pub. L. 108–311, § 406(e)(5), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “which also would otherwise be treated as a constructive sale of such position,”. - § 1259(c)(3)(B)(ii)(II): Pub. L. 108–311, § 406(e)(6), inserted “on or” before “before the 30th day”. ## § 1296: Election of mark to market for marketable stock - § 1296(h): Pub. L. 108–311 substituted “section 851(b)(2)” for “paragraphs (2) and (3) of section 851(b)”. ## § 1377: Definitions and special rule - § 1377(b)(3): Pub. L. 108–311 added par. (3). ## § 2032A: Valuation of certain farm, etc., real property - § 2032A(c)(7)(D): Pub. L. 108–311 substituted “section 152(f)(2)” for “section 151(c)(4)”. ## § 4972: Tax on nondeductible contributions to qualified employer plans - § 4972(c)(6): Pub. L. 108–311, § 408(b)(9), amended directory language of Pub. L. 107–16, § 652(b)(3). See 2001 Amendment note below. - § 4972(c)(6)(A): Pub. L. 108–311, § 404(c), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the sum of— ## § 4973: Tax on excess contributions to certain tax-favored accounts and annuities - § 4973(c): Pub. L. 108–311 substituted “subsection (a)(3)” for “subsection (a)(2)” in introductory provisions. ## § 4978: Tax on certain dispositions by employee stock ownership plans and certain cooperatives - § 4978(a)(2): Pub. L. 108–311 substituted “(60 percent” for “60 percent”. ## § 5064: Losses resulting from disaster, vandalism, or malicious mischief - § 5064(b)(3): Pub. L. 108–311 inserted “Robert T. Stafford” before “Disaster Relief and Emergency Assistance Act” in introductory provisions. ## § 5708: Losses caused by disaster - § 5708(a): Pub. L. 108–311 inserted “Robert T. Stafford” before “Disaster Relief and Emergency Assistance Act”. ## § 6103: Confidentiality and disclosure of returns and return information - § 6103(d)(5): Pub. L. 108–311, § 311(a), amended heading and text generally. Prior to amendment, text read as follows: “The Secretary shall disclose taxpayer identities and signatures for purposes of the demonstration project described in section 976 of the Taxpayer Relief Act of 1997. Subsections (a)(2) and (p)(4) and sections 7213 and 7213A shall not apply with respect to disclosures or inspections made pursuant to this paragraph.” - § 6103(i)(3)(C): Pub. L. 108–311, § 320(a), substituted “December 31, 2005” for “December 31, 2003”. - § 6103(i)(7)(A)(v): Pub. L. 108–311, § 320(b), added cl. (v). - § 6103(i)(7): Pub. L. 108–311, § 320(a), substituted “December 31, 2005” for “December 31, 2003”. - § 6103(l)(13)(D): Pub. L. 108–311, § 317, substituted “December 31, 2005” for “December 31, 2004”. - § 6103(p)(4): Pub. L. 108–311, § 408(a)(24), which directed substitution of “subsection (l)(16) or (18)” for “subsection (l)(16) or (17)” wherever appearing, could not be executed because “subsection (l)(16) or (17)” did not appear subsequent to amendment by Pub. L. 108–173. See 2003 Amendment note below. ## § 7652: Shipments to the United States - § 7652(f)(1): Pub. L. 108–311 substituted “January 1, 2006” for “January 1, 2004”. ## § 7701: Definitions - § 7701(a)(17): Pub. L. 108–311 substituted “682” for “152(b)(4), 682,”. ## § 7702B: Treatment of qualified long-term care insurance - § 7702B(f)(2)(C)(iii): Pub. L. 108–311 substituted “subparagraphs (A) through (G) of section 152(d)(2)” for “paragraphs (1) through (8) of section 152(a)”. ## § 7703: Determination of marital status - § 7703(b)(1): Pub. L. 108–311 substituted “152(f)(1)” for “151(c)(3)” and struck out “paragraph (2) or (4) of” before “section 152(e)),”. ## § 8021: Powers - § 8021: Pub. L. 108–311 substituted “2005” for “2004”. ## § 8022: Duties - § 8022(3): Pub. L. 108–311 substituted “2005” for “2004” and “with respect to the matters addressed in the joint review referred to in section 8021(f)(2).” for “with respect to— ## § 9812: Parity in mental health and substance use disorder benefits - § 9812: Pub. L. 108–311 added pars. (2) and (3) and struck out former par. (2) which read as follows: “after December 31, 2003.”