Generating Retirement Ownership through Long-Term Holding

#1839 | S Congress #119

Policy Area: Taxation
Subjects:

Last Action: Read twice and referred to the Committee on Finance. (5/21/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Generating Retirement Ownership through Long-Term Holding" Act proposes an amendment to the Internal Revenue Code of 1986 that allows individuals to defer the recognition of capital gains when they reinvest capital gain dividends received from regulated investment companies (RICs) through a dividend reinvestment plan.

Key points of the legislation include:

1. **Nonrecognition of Gain**: Individuals will not need to recognize capital gains on dividends reinvested in additional shares of the RIC.

2. **Recognition Upon Sale or Death**: The deferred gains will only be recognized when the individual sells or redeems the shares, or upon the individual's death.

3. **Holding Period**: Shares acquired through reinvested dividends will be treated as held for a minimum of one year and a day, potentially providing tax benefits related to long-term capital gains.

4. **Exclusions**: Certain individuals, such as dependents of other taxpayers or estates and trusts, are excluded from this provision.

5. **Regulatory Authority**: The Secretary of the Treasury is authorized to create regulations to implement this section.

The legislation aims to promote long-term investment and retirement savings by allowing individuals to defer taxes on reinvested gains, thereby encouraging the accumulation of wealth over time. The provisions take effect for taxable years ending after the bill's enactment.

Possible Impacts

Here are three examples of how the proposed legislation, "Generating Retirement Ownership through Long-Term Holding," could affect individuals:

1. **Tax Deferral Benefits**: Individuals who invest in regulated investment companies (RICs) would benefit from the ability to defer taxes on capital gains that are automatically reinvested. This means that instead of paying taxes on the capital gains distributions in the year they are received, investors can reinvest those gains and potentially grow their investment without the immediate tax burden. This deferral can lead to greater accumulation of wealth over time.

2. **Increased Long-Term Investment**: The legislation encourages individuals to hold their investments longer by treating shares acquired through reinvested capital gain dividends as having a holding period of one year and a day. This could incentivize more investors to commit to long-term strategies rather than seeking short-term profits, which may contribute to market stability and potentially enhance retirement savings.

3. **Tax Implications Upon Sale or Death**: While the legislation allows for the deferral of capital gains tax, individuals need to be aware that they will eventually have to recognize those gains either upon selling their shares or upon their death. This means that planning for tax liabilities will become crucial for investors, as they may face a significant tax bill at the time of selling their investments or when their estate is settled. Awareness of these potential future tax implications will be important for financial planning and investment strategies.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1839 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1839

  To amend the Internal Revenue Code of 1986 to allow individuals to 
   defer recognition of reinvested capital gains distributions from 
                    regulated investment companies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2025

  Mr. Cornyn introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to allow individuals to 
   defer recognition of reinvested capital gains distributions from 
                    regulated investment companies.

    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 ``Generating Retirement Ownership 
through Long-Term Holding''.

SEC. 2. DEFERRAL OF REINVESTED CAPITAL GAIN DIVIDENDS OF REGULATED 
              INVESTMENT COMPANIES.

    (a) In General.--Part III of subchapter O of chapter 1 of the 
Internal Revenue Code of 1986 is amended by inserting after section 
1045 the following new section:

``SEC. 1046. REINVESTED CAPITAL GAIN DIVIDENDS OF REGULATED INVESTMENT 
              COMPANIES.

    ``(a) Nonrecognition of Gain.--In the case of an individual, no 
gain shall be recognized on the receipt of a capital gain dividend 
distributed by a regulated investment company to which part I of 
subchapter M applies if such capital gain dividend is automatically 
reinvested in additional shares of the company pursuant to a dividend 
reinvestment plan.
    ``(b) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Capital gain dividend.--The term `capital gain 
        dividend' has the meaning given to such term by section 
        852(b)(3)(C).
            ``(2) Recognition of deferred capital gain dividends.--
                    ``(A) In general.--Gain treated as unrecognized in 
                accordance with subsection (a) shall be recognized in 
                accordance with subparagraph (B)--
                            ``(i) upon a subsequent sale or redemption 
                        by such individual of stock in the distributing 
                        company, or
                            ``(ii) upon the death of the individual.
                    ``(B) Gain recognition.--
                            ``(i) In general.--Upon a sale or 
                        redemption described in subparagraph (A), the 
                        taxpayer shall recognize that portion of total 
                        gain treated as unrecognized in accordance with 
                        subsection (a) (and not previously recognized 
                        pursuant to this subparagraph) that is 
                        equivalent to the portion of the taxpayer's 
                        shares in the distributing company that are 
                        sold or redeemed.
                            ``(ii) Death of individual.--Except as 
                        provided by regulations, any portion of such 
                        total gain not recognized under clause (i) 
                        prior to the taxpayer's death shall be 
                        recognized upon the death of the taxpayer and 
                        included in the taxpayer's gross income for the 
                        taxable year ending on the date of the 
                        taxpayer's death.
            ``(3) Holding period.--The taxpayer's holding period in 
        shares acquired through reinvestment of a capital gain dividend 
        to which subsection (a) applies shall be determined by treating 
        the shareholder as having held such shares for one year and a 
        day as of the date such shares are acquired.
    ``(c) Section Not To Apply to Certain Taxpayers.--This section 
shall not apply to--
            ``(1) an individual with respect to whom a deduction under 
        section 151 is allowable to another taxpayer for a taxable year 
        beginning in the calendar year in which such individual's 
        taxable year begins, or
            ``(2) an estate or trust.
    ``(d) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out the purposes of this section.''.
    (b) Conforming Amendments.--
            (1) Section 852(b)(3)(B) of such Code is amended by adding 
        at the end the following new sentence: ``For rules regarding 
        nonrecognition of gain with respect to reinvested capital gain 
        dividends received by individuals, see section 1046.''.
            (2) The table of sections for part III of subchapter O of 
        chapter 1 of such Code is amended by inserting after the item 
        relating to section 1045 the following new item:

``Sec. 1046. Reinvested capital gain dividends of regulated investment 
                            companies.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.
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