Page:United States Statutes at Large Volume 102 Part 4.djvu/640

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 3610

PUBLIC LAW 100-647—NOV. 10, 1988 (B) by striking out "DISTILLED SPIRITS PLANTS, BONDED W I N E CELLARS, OR BREWERIES" in the heading and inserting in lieu thereof "CONTROLLED PREMISES".

(3) Section 5123 of the 1986 Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection Qy) the following new subsection: "(c) COORDINATION OF TAXES UNDER SECTION 5121,—NO tax shall be imposed by section 5121(a) with respect to a person's activities at any place during a year if such person has paid the tax imposed by section 5121(b) with respect to such place for such year." (4) Section 5113 of the 1986 Code is amended by adding at the end thereof the following new subsection: "(g) COORDINATION OF TAXES UNDER SECTION 5111.—No tax shall be imposed by section 5111(a) with respect to a person's activities at any place during a year if such person has paid the tax imposed by section 5111(b) with respect to such place for such year." 26 USC 56 note. (u) EFFECTIVE DATE.—Except as otherwise provided in this section, any amendment made by this section shall take effect as if included in the provisions of the Revenue Act of 1987 to which such amendment relates. SEC. 2005. AMENDMENTS RELATED TO PENSION PROTECTION ACT AND FULL FUNDING LIMITATIONS.

29 USC 1082.

(a) AMENDMENT RELATED TO SECTION 9303.— (1) Section 4972(c) of the 1986 Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: "(4) SPECIAL RULE FOR SELF-EMPLOYED INDIVIDUALS.—For purposes of paragraph (1), if— "(A) the amount which is required to be contributed to a plan under section 412 on behalf of an individual who is an employee (within the meaning of section 401(c)(l)), exceeds "(B) the earned income (within the meaning of section 404(a)(8)) of such individual derived from the trade or business with respect to which such plan is established, such excess shall be treated as an amount allowable as a deduction under section 404." (2)(A) Subparagraph (C) of section 412(1)(3) of the 1986 Code is amended— (i) by striking out "October 17, 1987" in clause (i) and inserting in lieu thereof "October 29, 1987", and (ii) by striking out "October 16, 1987" in clause (iii) and inserting in lieu thereof "October 28, 1987". (B) Subparagraph (C) of section 302(d)(3) of the Employee Retirement Income Security Act of 1974 is amended— (i) by striking out 'MOctober 17, 1987" in clause (i) and inserting in lieu thereof "October 29, 1987", and (ii) by striking out "October 16, 1987" in clause (iii) and inserting in lieu thereof "October 28, 1987". (b) AMENDMENTS RELATED TO SECTION 9307.— (1) The last sentence of section 404(a)(l)(D) of the 1986 Code is amended by striking out "For purposes of this subparagraph" and inserting in lieu thereof "For purposes of determining whether a plan has more than 100 participants". (2) Section 404(a)(7)(A) of the 1986 Code is amended by adding at the end thereof the following new sentence: "For purposes of clause (ii), if paragraph (I)(D) applies to a defined benefit plan