text: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
  
      (a) Short Title.--This Act may be cited as the ``Puerto Rico 
  Economic Activity Credit Improvement Act of 1999''.
      (b) Amendment of 1986 Code.--Except as otherwise expressly 
  provided, whenever in this Act an amendment or repeal is expressed in 
  terms of an amendment to, or repeal of, a section or other provision, 
  the reference shall be considered to be made to a section or other 
  provision of the Internal Revenue Code of 1986.
  
  SEC. 2. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT.
  
      (a) Corporations Eligible To Claim Credit.--Section 30A(a)(2) 
  (defining qualified domestic corporation) is amended to read as 
  follows:
              ``(2) Qualified domestic corporation.--For purposes of 
          paragraph (1)--
                      ``(A) In general.--A domestic corporation shall be 
                  treated as a qualified domestic corporation for a 
                  taxable year if it is actively conducting within Puerto 
                  Rico during the taxable year--
                              ``(i) a line of business with respect to 
                          which the domestic corporation is an existing 
                          credit claimant under section 936(j)(9), or
                              ``(ii) an eligible line of business not 
                          described in clause (i).
                      ``(B) Limitation to lines of business.--A domestic 
                  corporation shall be treated as a qualified domestic 
                  corporation under subparagraph (A) only with respect to 
                  the lines of business described in subparagraph (A) 
                  which it is actively conducting in Puerto Rico during 
                  the taxable year.
                      ``(C) Exception for corporations electing reduced 
                  credit.--A domestic corporation shall not be treated as 
                  a qualified domestic corporation if such corporation 
                  (or any predecessor) had an election in effect under 
                  section 936(a)(4)(B)(iii) for any taxable year 
                  beginning after December 31, 1996.''
      (b) Application on Separate Line of Business Basis; Eligible Line 
  of Business.--Section 30A is amended by redesignating subsection (g) as 
  subsection (h) and by inserting after subsection (f) the following new 
  subsection:
      ``(g) Application on Line of Business Basis; Eligible Lines of 
  Business.--For purposes of this section--
              ``(1) Application to separate line of business.--
                      ``(A) In general.--In determining the amount of the 
                  credit under subsection (a), this section shall be 
                  applied separately with respect to each substantial 
                  line of business of the qualified domestic corporation.
                      ``(B) Exceptions for existing credit claimant.--
                  This paragraph shall not apply to a substantial line of 
                  business with respect to which the qualified domestic 
                  corporation is an existing credit claimant under 
                  section 936(j)(9).
                      ``(C) Allocation.--The Secretary shall prescribe 
                  rules necessary to carry out the purposes of this 
                  paragraph, including rules--
                              ``(i) for the allocation of items of 
                          income, gain, deduction, and loss for purposes 
                          of determining taxable income under subsection 
                          (a), and
                              ``(ii) for the allocation of wages, fringe 
                          benefit expenses, and depreciation allowances 
                          for purposes of applying the limitations under 
                          subsection (d).
              ``(2) Eligible line of business.--The term `eligible line 
          of business' means a substantial line of business in any of the 
          following trades or businesses:
                      ``(A) Manufacturing.
                      ``(B) Agriculture.
                      ``(C) Forestry.
                      ``(D) Fishing.
              ``(3) Substantial line of business.--For purposes of this 
          subsection, the determination of whether a line of business is 
          a substantial line of business shall be determined by reference 
          to 2-digit codes under the North American Industry 
          Classification System (62 Fed. Reg. 17288 et seq., formerly 
          known as `SIC codes').''
      (c) Repeal of Base Period Cap.--
              (1) In general.--Section 30A(a)(1) (relating to allowance 
          of credit) is amended by striking the last sentence.
              (2) Conforming amendment.--Section 30A(e)(1) is amended by 
          inserting ``but not including subsection (j)(3)(A)(ii) 
          thereof'' after ``thereunder''.
      (d) Application of Credit.--Section 30A(h) (relating to 
  applicability of section), as redesignated by subsection (b), is 
  amended by striking ``January 1, 2006'' and inserting ``January 1, 
  2009''.
      (e) Conforming Amendments.--
              (1) Section 30A(b) is amended by striking ``within a 
          possession'' each place it appears and inserting ``within 
          Puerto Rico''.
              (2) Section 30A(d) is amended by striking ``possession'' 
          each place it appears.
              (3) Section 30A(f) is amended to read as follows:
      ``(f) Definitions.--For purposes of this section--
              ``(1) Qualified income taxes.--The qualified income taxes 
          for any taxable year allocable to nonsheltered income shall be 
          determined in the same manner as under section 936(i)(3).
              ``(2) Qualified wages.--The qualified wages for any taxable 
          year shall be determined in the same manner as under section 
          936(i)(1).
              ``(3) Other terms.--Any term used in this section which is 
          also used in section 936 shall have the same meaning given such 
          term by section 936.''
      (f) Effective Date.--The amendments made by this section shall 
  apply to taxable years beginning after December 31, 1998.
  
  SEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT.
  
      (a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A) 
  (relating to economic activity credit) is amended to read as follows:
                      ``(A) Economic activity credit.--
                              ``(i) In general.--In the case of a 
                          domestic corporation which, during the taxable 
                          year, is actively conducting within a 
                          possession other than Puerto Rico--
                                      ``(I) a line of business with 
                                  respect to which the domestic 
                                  corporation is an existing credit 
                                  claimant under paragraph (9), or
                                      ``(II) an eligible line of business 
                                  not described in subclause (I),
                          the credit determined under subsection 
                          (a)(1)(A) shall be allowed for taxable years 
                          beginning after December 31, 1995, and before 
                          January 1, 2002.
                              ``(ii) Limitation to lines of business.--
                          Clause (i) shall only apply with respect to the 
                          lines of business described in clause (i) which 
                          the domestic corporation is actively conducting 
                          in a possession other than Puerto Rico during 
                          the taxable year.
                              ``(iii) Exception for corporations electing 
                          reduced credit.--Clause (i) shall not apply to 
                          a domestic corporation if such corporation (or 
                          any predecessor) had an election in effect 
                          under subsection (a)(4)(B)(iii) for any taxable 
                          year beginning after December 31, 1996.''
      (b) Application on Separate Line of Business Basis; Eligible Line 
  of Business.--
              (1) In general.--Section 936(j) is amended by adding at the 
          end the following new paragraph:
              ``(11) Application on line of business basis; eligible 
          lines of business.--For purposes of this section--
                      ``(A) Application to separate line of business.--
                              ``(i) In general.--In determining the 
                          amount of the credit under subsection (a)(1)(A) 
                          for a corporation to which paragraph (2)(A) 
                          applies, this section shall be applied 
                          separately with respect to each substantial 
                          line of business of the corporation.
                              ``(ii) Exceptions for existing credit 
                          claimant.--This paragraph shall not apply to a 
                          line of business with respect to which the 
                          qualified domestic corporation is an existing 
                          credit claimant under paragraph (9).
                              ``(iii) Allocation.--The Secretary shall 
                          prescribe rules necessary to carry out the 
                          purposes of this subparagraph, including 
                          rules--
                                      ``(I) for the allocation of items 
                                  of income, gain, deduction, and loss 
                                  for purposes of determining taxable 
                                  income under subsection (a)(1)(A), and
                                      ``(II) for the allocation of wages, 
                                  fringe benefit expenses, and 
                                  depreciation allowances for purposes of 
                                  applying the limitations under 
                                  subsection (a)(4)(A).
                      ``(B) Eligible line of business.--For purposes of 
                  this subsection, the term `eligible line of business' 
                  means a substantial line of business in any of the 
                  following trades or businesses:
                              ``(i) Manufacturing.
                              ``(ii) Agriculture.
                              ``(iii) Forestry.
                              ``(iv) Fishing.''
              (2) New lines of business.--Section 936(j)(9)(B) is amended 
          to read as follows:
                      ``(B) New lines of business.--A corporation shall 
                  not be treated as an existing credit claimant with 
                  respect to any substantial new line of business which 
                  is added after October 13, 1995, unless such addition 
                  is pursuant to an acquisition described in subparagraph 
  (A)(ii).''
              (3) Separate lines of business.--Section 936(j), as amended 
          by paragraph (1), is amended by adding at the end the following 
          new paragraph:
              ``(12) Substantial line of business.--For purposes of this 
          subsection (other than paragraph (9)(B) thereof), the 
          determination of whether a line of business is a substantial 
          line of business shall be determined by reference to 2-digit 
          codes under the North American Industry Classification System 
          (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').''
      (c) Repeal of Base Period Cap for Economic Activity Credit.--
              (1) In general.--Section 936(j)(3) is amended to read as 
          follows:
              ``(3) Additional restricted reduced credit.--
                      ``(A) In general.--In the case of an existing 
                  credit claimant to which paragraph (2)(B) applies, the 
                  credit determined under subsection (a)(1)(A) shall be 
                  allowed for any taxable year beginning after December 
                  31, 1998, and before January 1, 2006, except that the 
                  aggregate amount of taxable income taken into account 
                  under subsection (a)(1)(A) for such taxable year shall 
                  not exceed the adjusted base period income of such 
                  claimant.
                      ``(B) Coordination with subsection (a)(4)(B).--The 
                  amount of income described in subsection (a)(1)(A) 
                  which is taken into account in applying subsection 
                  (a)(4)(B) shall be such income as reduced under this 
                  paragraph.''
              (2) Conforming amendments.--
                      (A) Section 936(j)(2)(A), as amended by subsection 
                  (a), is amended by striking ``2002'' and inserting 
                  ``2006''.
                      (B) Section 30A(e)(1), as amended by section 
                  2(c)(2), is amended by striking ``subsection 
                  (j)(3)(A)(ii)'' and inserting ``the exception under 
                  subsection (j)(3)(A)''.
      (d) Application of Credit.--
              (1) In general.--Section 936(j)(2)(A), as amended by this 
          section, is amended by striking ``January 1, 2006'' and 
          inserting ``January 1, 2009''.
              (2) Special rules for applicable possessions.--Section 
          936(j)(8)(A) is amended to read as follows:
                      ``(A) In general.--In the case of an applicable 
                  possession--
                              ``(i) this section (other than the 
                          preceding paragraphs of this subsection) shall 
                          not apply for taxable years beginning after 
                          December 31, 1995, and before January 1, 2006, 
                          with respect to any substantial line of 
                          business actively conducted in such possession 
                          by a domestic corporation which is an existing 
                          credit claimant with respect to such line of 
                          business, and
                              ``(ii) this section (including this 
                          subsection) shall apply--
                                      ``(I) with respect to any 
                                  substantial line of business not 
                                  described in clause (i) for taxable 
                                  years beginning after December 31, 
                                  1998, and before January 1, 2009, and
                                      ``(II) with respect to any 
                                  substantial line of business described 
                                  in clause (i) for taxable years 
                                  beginning after December 31, 2006, and 
                                  before January 1, 2009.''
      (e) Effective Dates.--
              (1) In general.--The amendments made by this section shall 
          apply to taxable years beginning after December 31, 1998.
              (2) New lines of business.--The amendment made by 
          subsection (b)(2) shall apply to taxable years beginning after 
          December 31, 1995.
target: Puerto Rico Economic Activity Credit Improvement Act of 1999 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit.  Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation.  Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit. 
  Amends provisions relating to the Puerto Rico and possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements.  Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation.  Modifies additional restricted credit requirements.  Sets forth credit rules applicable to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
feat_title: Puerto Rico Economic Activity Credit Improvement Act of 1999