Overview

Title

To amend the Internal Revenue Code of 1986 to exclude from gross income gain from the sale of qualified real property interests acquired under the authority of the Readiness and Environmental Protection Integration (REPI) program administered by the Department of Defense pursuant to section 2684a of title 10, United States Code, and for other purposes.

ELI5 AI

This bill wants to stop taxes from being paid when people sell special land that helps protect nature and support the military's work, making sure that people follow certain rules to get this benefit.

Summary AI

S. 439 proposes changes to the Internal Revenue Code to exclude certain gains from taxes. Specifically, it allows people to avoid counting profits from selling certain types of property used in a Department of Defense program, known as REPI, as income. This would only apply to sales intended to support environmental and military readiness efforts under the REPI program. The bill also outlines specific conditions for which sales are eligible for this tax exclusion.

Published

2025-02-06
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-02-06
Package ID: BILLS-119s439is

Bill Statistics

Size

Sections:
3
Words:
941
Pages:
5
Sentences:
21

Language

Nouns: 305
Verbs: 58
Adjectives: 66
Adverbs: 7
Numbers: 25
Entities: 53

Complexity

Average Token Length:
4.32
Average Sentence Length:
44.81
Token Entropy:
4.90
Readability (ARI):
24.87

AnalysisAI

The bill titled "Incentivizing Readiness and Environmental Protection Integration Sales Act of 2025" seeks to amend the Internal Revenue Code of 1986. Its primary focus is to provide tax relief by excluding from gross income any gains garnered from the sale of particular real estate interests. These real estate interests must be acquired through the Readiness and Environmental Protection Integration (REPI) program, which is run by the Department of Defense. This exclusion from taxable income aims to incentivize the sale of such properties to qualified organizations for environmental protection and military readiness initiatives.

General Summary of the Bill

The bill outlines provisions that would enable individuals or entities that sell qualified real estate interests to approved organizations under the REPI program to exclude these sales profits from their taxable income. A significant aspect of the bill is its attempt to clarify what constitutes a "qualified real property interest," including entire interests, remainder interests, or perpetual restrictions on the property's use. The legislation also navigates instances involving mineral interests, specifying that such an interest remains valid as long as mineral extraction does not occur through surface mining. The bill stops short of enabling entities that purchased the property interest within three years of selling it to benefit from this exclusion unless they qualify as family partnerships.

Significant Issues

One of the pressing issues highlighted is the potential for this tax exclusion to disproportionately benefit certain taxpayers or organizations, potentially challenging the fairness of the tax code. By offering exceptions primarily for family partnerships, the bill could inadvertently favor certain individuals or families, raising concerns about tax equity and plans to circumvent tax obligations.

Another issue lies in the complexity of linking definitions to other sections of the tax code. This reliance could cause ambiguity, as those without a deep understanding of the referenced sections might struggle to fully comprehend the bill's landscape and implications. Moreover, the special rule allowing mineral interests to remain valid without surface mining might stir environmental concerns, should any loopholes permit detrimental mining methods.

Broad Public Impact

For the general public, the bill may support environmental protection and military readiness goals by encouraging the sale of relevant real estate at a favorable tax treatment. Such incentives can lead to increased participation in the REPI program, bolstering efforts to preserve natural habitats and maintain military preparedness. However, the broad public impact might come into question if this tax incentive is not perceived as equitable or if it leads to unexpected environmental consequences.

Impact on Specific Stakeholders

For property owners and potential sellers participating in the REPI program, this bill could provide substantial tax relief. Engaging with the REPI program to sell these types of property interests could result in significant savings, encouraging further preservation efforts. However, this might primarily benefit higher-income stakeholders or those already well-positioned to partake in such transactions.

Family partnerships and related entities stand to benefit considerably from the exceptions included in the bill, potentially resulting in tax advantages that may not be available to others. On the other hand, environmental organizations and advocacy groups might remain vigilant about the bill's implications on natural resources due to concerns around the special rules for mineral interests.

Overall, the bill's potential to balance economic incentives with environmental and readiness goals will ultimately depend on its implementation and the clarity with which it is communicated and understood by the targeted stakeholders.

Issues

  • The tax exclusion for gains from the sale of qualified real property interests (Section 2, SEC. 139J(a)) may disproportionately benefit certain taxpayers or organizations, raising issues of tax fairness.

  • The definition of 'qualified real property interest' in Section 2, SEC. 139J(b)(1), includes various interests that might lead to exploitation or misinterpretation without clear guidelines, potentially causing financial and legal concerns.

  • The provision allowing exceptions for family partnerships or family pass-through entities in Section 2, SEC. 139J(c)(2) might favor certain individuals and families, leading to potential tax avoidance or complaints of inequity.

  • The reference to other sections and codes (such as section 170(h)(3) and section 2684a of title 10) throughout Section 2 could lead to confusion or difficulty in comprehension for those without extensive expertise, posing a legal and accessibility issue.

  • The special rule for mineral interests in Section 2, SEC. 139J(b)(1)(B) may raise environmental concerns if there are loopholes allowing detrimental surface mining.

  • The definition of 'qualified organization' relying on another section (Section 2, SEC. 139J(b)(2)) could be ambiguous if the referenced section is not clearly defined or accessible, potentially creating legal interpretation challenges.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill gives it its official short title: "Incentivizing Readiness and Environmental Protection Integration Sales Act of 2025." This means the law can be referred to by this name.

2. Exclusion of gain from sale of qualified real property interests acquired for purposes related to the readiness and environmental protection integration program Read Opens in new tab

Summary AI

The section introduces a tax rule that allows individuals to exclude from their gross income any profit gained from selling a specific type of real estate, known as "qualified real property interest," to organizations involved in the Readiness and Environmental Protection Integration (REPI) program, which is managed by the Department of Defense. However, this exclusion does not apply if the property was acquired by a pass-through entity within three years of the sale, unless the entity is a family partnership or similar entity.

139J. Gain from sale of qualified real property interest for purposes related to the readiness and environmental protection integration program Read Opens in new tab

Summary AI

In this section, the law states that any profit from selling a qualified real estate interest to an approved organization for purposes of the Readiness and Environmental Protection Integration (REPI) program is not considered taxable income. It defines what counts as a qualified real estate interest and outlines specific rules for who can benefit from this tax exclusion, particularly clarifying situations involving family partnerships or other pass-through entities.