Page:United States Statutes at Large Volume 104 Part 2.djvu/909

 note. PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-501 (B) EXCEPTION,— For purposes of subparagraph (A)(i), with respect to property transferred before October 9, 1990— (i) any failure to exercise a right of conversion, (ii) any failure to pay dividends, and ' (iii) any failure to exercise other rights specified in regulations, shall not be treated as a subsequent transfer. (2) SUBSECTION (b).— The amendment made by subsection (b) 26 USC 6501 shall apply to gifts after October 8, 1990. PART II—DISABLED ACCESS CREDIT SEC. 11611. CREDIT FOR COST OF PROVIDING ACCESS FOR DISABLED INDIVIDUALS. (a) GENERAL RULE.— Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits), as amended by subtitle E, is amended by adding at the end thereof the following new section: "SEC 44. EXPENDITURES TO PROVIDE ACCESS TO DISABLED INDIVID- UALS. "(a) GENERAL RULE.— For purposes of section 38, in the case of an eligible small business, the amount of the disabled access credit determined under this section for any taxable year shall be an amount equal to 50 percent of so much of the eligible access expenditures for the taxable year as exceed $250 but do not exceed $10,250. "Qo) ELIGIBLE SMALL BUSINESS.— For purposes of this section, the term 'eligible small business' means any person if— "(1) either— "(A) the gross receipts of such person for the preceding taxable year did not exceed $1,000,000, or "(B) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 30 fulltime employees during the preceding taxable year, and "(2) such person elects the application of this section for the taxable year. For purposes of paragraph (1)(B), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 20 or more calendar weeks in the taxable year. "(c) ELIGIBLE ACCESS EXPENDITURES.—For purposes of this section— "(1) IN GENERAL.— The term 'eligible access expenditures' means amounts paid or incurred by an eligible small business for the purpose of enabling such eligible small business to comply with applicable requirements under the Americans With Disabilities Act of 1990 (as in effect on the date of the enactment of this section). "(2) CERTAIN EXPENDITURES INCLUDED. —The term. 'eligible access expenditures' includes amounts paid or incurred— "(A) for the purpose of removing architectural, communication, physical, or transportation barriers which prevent a business from being accessible to, or usable by, individuals with disabilities, "(B) to provide qualified interpreters or other effective methods of making aurally delivered materials available to individuEds with hearing impairments,

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