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Regulated Investment Company Modernization Act of 2010

Public Law 111-325 · H.R. 4337 · 111th Congress · began in the House

Signed by Barack Obama (D) on Dec 22, 2010 · Taxation

Sponsor: Rep. Charlie Rangel (D-NY-15)

Cosponsors (4): Rep. Richard Neal,

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Regulated Investment Company Modernization Act of 2010 - Amends the Internal Revenue Code to revise the tax treatment of regulated investment companies (RICs).

Title I: Capital Loss Carryovers of Regulated Investment Companies - (Sec. 101) Sets forth a special rule allowing unlimited carryovers of the net capital losses of RICs.

Title II: Modification of Gross Income and Asset Tests of Regulated Investment Companies - (Sec. 201) Exempts RICs from loss of tax-preferred status and additional tax for failure to satisfy the gross income and assets tests if such failure is due to reasonable cause and not due to willful neglect and is de minimis.

Title III: Modification of Rules Related to Dividends and Other Distributions - (Sec. 301) - Revises the definitions of "capital gain dividend" and "exempt-interest dividend" for purposes of the taxation of RICs and their shareholders to require such dividends to be reported to shareholders in written statements. Sets forth a special rule for the allocation of the excess reported amounts of such dividends.

(Sec. 302) Excludes net capital losses of RICs from earnings and profits. Prohibits an RIC's earnings and profits from being reduced by any amount which is not allowable as a deduction in computing taxable income, except with respect to such a net capital loss.

(Sec. 303) Allows an RIC, in the case of a qualified fund of funds, to pay exempt-interest dividends and allow its shareholders the foreign tax credit without regard to certain investment requirements in state and local bonds and foreign securities.

(Sec. 304) Modifies rules for dividends paid by RICs after the close of a taxable year (spillover dividends).

(Sec. 305) Revises the method for allocating RIC earnings and profits to require such earnings and profits to be allocated first to distributions made prior to December 31 of a calendar year.

(Sec. 306) Allows RICs with shares that are redeemable upon demand to treat distributions in redemption of stock as an exchange for income tax purposes.

(Sec. 307) Repeals preferential dividend rules for RICs that are publicly offered.

(Sec. 308) Allows an RIC to elect to treat a post-October capital loss and any late-year ordinary loss as arising on the first day of the following taxable year.

(Sec. 309) Exempts from holding period requirements applicable to RIC stock regular dividends paid by an RIC which declares exempt-interest dividends on a daily basis in an amount equal to at least 90% of its net tax-exempt interest and distributes such dividends on a monthly or more frequent basis.

Title IV: Modifications Related to Excise Tax Applicable to Regulated Investment Companies - (Sec. 401) Extends the exemption from excise tax for failure to distribute taxable income of an RIC to other tax-exempt entities with an ownership interest in an RIC.

(Sec. 402) Allows specified gain and loss of an RIC derived after October 31 of a calendar year to be deferred, for excise tax purposes, until January 1 of the following calendar year.

(Sec. 403) Sets forth a special rule for estimated excise tax payments of RICs.

(Sec. 404) Increases from 98% to 98.2% the amount of capital gain net income RICs are required to distribute.

Title V: Other Provisions - (Sec. 501) Repeals the additional penalty on RICs for tax deficiencies for which a deficiency dividend has been distributed.

(Sec. 502) Modifies the deferral rule for load charges in acquiring RIC stock where the taxpayer acquires the RIC stock before January 31 of the calendar year following the calendar year in which the original stock is sold.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • S. 3948Related bill

    Regulated Investment Company Modernization Act of 2010

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 21 actions.

  1. Dec 22, 2010Became lawBecame law · Became Public Law No: 111-325.
  2. Became lawBecame law · Signed by President.
  3. Dec 17, 2010FloorFloor · Presented to President.
  4. Dec 15, 2010Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
  6. Resolving differencesResolving differences · Mr. Levin moved that the House suspend the rules and agree to the Senate amendment.
  7. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on the Senate amendment to H.R. 4337.
  8. OtherOther · Cleared for White House.
  9. OtherOther · Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
  10. Dec 9, 2010FloorFloor · Message on Senate action sent to the House.
  11. Dec 8, 2010FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  12. FloorFloor · Measure laid before Senate by unanimous consent.
  13. Nov 15, 2010CalendarCalendar · Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 640.
  14. Sep 29, 2010CalendarCalendar · Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  15. Sep 28, 2010FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  16. FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
  17. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 4337.
  18. FloorFloor · Considered under suspension of the rules.
  19. FloorFloor · Mr. Neal (MA) moved to suspend the rules and pass the bill, as amended.
  20. Dec 16, 2009CommitteeCommittee · Referred to the House Committee on Ways and Means.
  21. IntroducedIntroduced · Introduced in House
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 4744SenateSen. Jeff BingamanD-NM· offered Dec 8, 2010Agreed to

    In the nature of a substitute.

    Dec 8, 2010: Amendment SA 4744 agreed to in Senate by Unanimous Consent.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.