Pub. L. 109-222, tit. II, sec. 204
CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED MUSICAL WORKS.
SEC. 204. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED MUSICAL WORKS. (a) In General.—Subsection (b) of section 1221 (relating to capital asset defined) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: “(3) Sale or exchange of self-created musical works.—At the election of the taxpayer, paragraphs (1) and (3) of subsection (a) shall not apply to musical compositions or copyrights in musical works sold or exchanged before January 1, 2011, by a taxpayer described in subsection (a)(3).”. (b) Limitation on Charitable Contributions.—Subparagraph (A) of section 170(e)(1) is amended by inserting “(determined without regard to section 1221(b)(3))” after “long-term capital gain”. (c) Effective Date.—The amendments made by this section shall apply to sales and exchanges in taxable years beginning after the date of the enactment of this Act.