Small Business Investor Tax Parity Act of 2025

#652 | HR Congress #119

Policy Area: Taxation
Subjects:

Last Action: Referred to the House Committee on Ways and Means. (1/23/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Small Business Investor Tax Parity Act of 2025" aims to amend the Internal Revenue Code of 1986 by extending certain tax benefits to dividends received from qualified Business Development Companies (BDCs). Specifically, the bill allows the deduction under Section 199A—originally applicable to qualified Real Estate Investment Trust (REIT) dividends—to also cover qualified BDC interest dividends.

A qualified BDC interest dividend is defined as any dividend from an electing BDC that is attributable to the company's net interest income and is associated with a qualified trade or business. An electing BDC is one that has opted to be treated as a regulated investment company under tax regulations.

The changes proposed in this bill would take effect for taxable years beginning after December 31, 2026. Overall, the legislation seeks to provide tax parity for investors in small businesses by aligning the tax treatment of dividends from BDCs with that of REITs, potentially encouraging investment in these companies.

Possible Impacts

The "Small Business Investor Tax Parity Act of 2025" aims to allow deductions for qualified Business Development Company (BDC) interest dividends in a manner similar to qualified Real Estate Investment Trust (REIT) dividends. Here are three examples of how this legislation could affect people:

1. **Increased Investment in Small Businesses**: By providing tax deductions for qualified BDC interest dividends, individual and institutional investors may be incentivized to invest more in BDCs. This could lead to increased capital flowing into small and mid-sized businesses that these BDCs support. As a result, more small businesses may receive the funding they need to grow, hire employees, and innovate, ultimately benefiting the economy and creating more job opportunities.

2. **Higher After-Tax Returns for Investors**: Individual investors who receive qualified BDC interest dividends could see an increase in their after-tax returns. With the ability to deduct these dividends, investors may find BDCs more attractive compared to other investment options that do not offer similar tax benefits. This could lead to a shift in investment strategies, where more individuals allocate their portfolios toward BDCs, enhancing their financial well-being.

3. **Enhanced Stability and Growth for BDCs**: By leveling the playing field with REITs in terms of tax treatment, this legislation could help BDCs become more competitive. As BDCs attract more investment due to favorable tax treatment, they may be able to increase their lending capacity and support more businesses. This could lead to growth and stability for BDCs themselves, which in turn could positively impact the returns for their investors and the businesses they finance.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 652 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 652

To amend the Internal Revenue Code of 1986 to allow the deduction under 
 section 199A to apply to qualified BDC interest dividends in the same 
                  manner as qualified REIT dividends.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2025

Mr. Arrington introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to allow the deduction under 
 section 199A to apply to qualified BDC interest dividends in the same 
                  manner as qualified REIT dividends.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Investor Tax Parity 
Act of 2025''.

SEC. 2. DEDUCTION FOR QUALIFIED BUSINESS INCOME TO APPLY TO CERTAIN 
              INTEREST DIVIDENDS OF QUALIFIED BUSINESS DEVELOPMENT 
              COMPANIES.

    (a) In General.--Subsections (b)(1)(B) and (c)(1) of section 199A 
of the Internal Revenue Code of 1986 are each amended by inserting ``, 
qualified BDC interest dividends,'' after ``qualified REIT dividends''.
    (b) Qualified BDC Interest Dividend Defined.--Section 199A(e) of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new paragraph:
            ``(5) Qualified bdc interest dividend.--
                    ``(A) In general.--The term `qualified BDC interest 
                dividend' means any dividend from an electing business 
                development company received during the taxable year 
                which is attributable to net interest income of such 
                company which is properly allocable to a qualified 
                trade or business of such company.
                    ``(B) Electing business development company.--For 
                purposes of this paragraph, the term `electing business 
                development company' means a business development 
                company (as defined in section 2(a) of the Investment 
                Company Act of 1940) which has an election in effect 
                under section 851 to be treated as a regulated 
                investment company.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2026.
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