Sec. 2. Permanent extension and expansion of charitable deduction for contributions of food inventory
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Subparagraph
(C)of section 170(e)(3) of the Internal Revenue Code of 1986 is amended to read as follows: In the case of a charitable contribution of food from any trade or business of the taxpayer, this paragraph shall be applied— without regard to whether the contribution is made by a C corporation, and only to food that is apparently wholesome food. In the case of any such contribution, notwithstanding subparagraph (B), the amount of the reduction determined under paragraph (1)(A) shall not exceed the amount by which the fair market value of the apparently wholesome food exceeds twice the basis of such food. If a taxpayer— does not account for inventories under section 471, and is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 50 percent of the fair market value of such food. In the case of any such contribution of apparently wholesome food which, solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or which is produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), cannot or will not be sold, the fair market value of such contribution shall be determined— without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past). For purposes of this subparagraph, the term apparently wholesome food has the meaning given to such term by section 22(b)(2) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b)(2) ), as in effect on September 23, 2005. . The amendment made by this section shall apply to contributions made after the date of the enactment of this Act, in taxable years ending after such date.
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Sec. 2
Permanent extension and expansion of charitable deduction for contributions of food inventory
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