The Advancing Capital for Critical Energy Supply and Security Act, or ACCESS Act, aims to modernize the tax treatment of publicly traded partnerships (PTPs) by amending several sections of the Internal Revenue Code. It proposes to exclude income from certain publicly traded PTP units from unrelated business taxable income (UBTI) for beneficial owners holding less than 5% of the partnership, and modifies the 25 percent asset test for regulated investment companies (RICs) to ease their investment in PTPs. The bill also eliminates the separate application of passive activity rules for PTPs, integrating them into general passive activity loss limitations. Furthermore, it establishes that certain interests in PTPs, specifically regularly traded classes of units held by partners owning less than 10% for five years, will not be treated as effectively connected income (ECI) for foreign partners upon sale or exchange. This change also removes these specific interests from associated withholding requirements , with all amendments applying to taxable years beginning after December 31, 2026.
Referred to the House Committee on Ways and Means.
Taxation
ACCESS Act
USA119th CongressHR-9841| House
| Updated: 7/22/2026
The Advancing Capital for Critical Energy Supply and Security Act, or ACCESS Act, aims to modernize the tax treatment of publicly traded partnerships (PTPs) by amending several sections of the Internal Revenue Code. It proposes to exclude income from certain publicly traded PTP units from unrelated business taxable income (UBTI) for beneficial owners holding less than 5% of the partnership, and modifies the 25 percent asset test for regulated investment companies (RICs) to ease their investment in PTPs. The bill also eliminates the separate application of passive activity rules for PTPs, integrating them into general passive activity loss limitations. Furthermore, it establishes that certain interests in PTPs, specifically regularly traded classes of units held by partners owning less than 10% for five years, will not be treated as effectively connected income (ECI) for foreign partners upon sale or exchange. This change also removes these specific interests from associated withholding requirements , with all amendments applying to taxable years beginning after December 31, 2026.