Page:United States Statutes at Large Volume 116 Part 1.djvu/67

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PUBLIC LAW 107-147—MAR. 9, 2002 116 STAT. 41 "(i) such services are in fields referred to in paragraph (2)(A), or "(ii) such person meets the gross receipts test of subsection (c) for all prior taxable years. "(B) EXCEPTION. —This paragraph shall not apply to any amount if interest is required to be paid on such amount or there is any penalty for failure to timely pay such amount. "(C) REGULATIONS.—The Secretary shall prescribe regulations to permit taxpayers to determine amounts referred to in subparagraph (A) using computations or formulas which, based on experience, accurately reflect the amount of income that will not be collected by such person. A taxpayer may adopt, or request consent of the Secretary to change to, a computation or formula that clearly reflects the taxpayer's experience. A request under the preceding sentence shall be approved if such computation or formula clearly reflects the taxpayer's experience.", (b) EFFECTIVE DATE. — 26 USC 448 note. (1) IN GENERAL.— The amendments made by this section Applicability, shall apply to taxable years ending after the date of the enactment of this Act. (2) CHANGE IN METHOD OF ACCOUNTING.— In the case of any taxpayer required by the amendments made by this section to change its method of accounting for its first taxable year ending after the date of the enactment of this Act— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period of 4 years (or if less, the number of taxable years that the taxpayer used the method permitted under section 448(d)(5) of such Code as in effect before the date of the enactment of this Act) beginning with such first taxable year. SEC. 404. EXCLUSION FOR FOSTER CARE PAYMENTS TO APPLY TO PAYMENTS BY QUALIFIED PLACEMENT AGENCIES. (a) IN GENERAL.— The matter preceding subparagraph (B) of section 131(b)(1) (defining qualified foster care payment) is amended 26 USC 131. to read as follows: "(1) IN GENERAL.— The term 'qualified foster care payment' means any payment made pursuant to a foster care program of a State or political subdivision thereof— "(A) which is paid by— "(i) a State or political subdivision thereof, or "(ii) a qualified foster care placement agency, and". (b) QUALIFIED FOSTER INDIVIDUALS TO INCLUDE INDIVIDUALS PLACED BY QUALIFIED PLACEMENT AGENCIES. — Subparagraph (B) of section 131(b)(2) (defining qualified foster individual) is amended to read as follows: "(B) a qualified foster care placement agency.". (c) QUALIFIED FOSTER CARE PLACEMENT AGENCY DEFINED.— Subsection (b) of section 131 is amended by redesignating paragraph