Overview

Title

An Act To make improvements to the child tax credit, to provide tax incentives to promote economic growth, to provide special rules for the taxation of certain residents of Taiwan with income from sources within the United States, to provide tax relief with respect to certain Federal disasters, to make improvements to the low-income housing tax credit, and for other purposes.

ELI5 AI

The Tax Relief for American Families and Workers Act of 2024 is like a new set of rules to help more families get extra money when they have kids, make it easier for businesses to grow, and help people in Taiwan who earn money in America. It also makes sure people and businesses can't use tricks to avoid paying their fair share of taxes.

Summary AI

The Tax Relief for American Families and Workers Act of 2024 focuses on enhancing the child tax credit, providing tax incentives for economic growth, and enabling special tax rules for certain Taiwanese residents with U.S. income. It also includes provisions for tax relief in response to federal disasters and improvements to the low-income housing tax credit. Additionally, the act introduces penalties for COVID-related employee retention credit fraud and increases the income reporting threshold to help reduce tax fraud and streamline tax processes.

Published

2024-01-31
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed in House
Date: 2024-01-31
Package ID: BILLS-118hr7024eh

Bill Statistics

Size

Sections:
33
Words:
16,781
Pages:
86
Sentences:
326

Language

Nouns: 4,592
Verbs: 1,186
Adjectives: 1,009
Adverbs: 142
Numbers: 739
Entities: 811

Complexity

Average Token Length:
4.16
Average Sentence Length:
51.48
Token Entropy:
5.53
Readability (ARI):
27.31

AnalysisAI

General Summary of the Bill

The United States Congress has introduced a bill titled "Tax Relief for American Families and Workers Act of 2024," aimed at reforming various tax laws to benefit families, workers, and businesses. It proposes enhancements to the child tax credit, tax incentives intended to drive economic growth, and special tax rules for residents of Taiwan with U.S.-sourced income. It includes provisions for providing tax relief for federal disasters and proposes improvements to the low-income housing tax credit. A significant part of the legislation focuses on ensuring effective tax administration and combating fraud.

Summary of Significant Issues

A key concern highlighted in the bill involves the complexities in determining "qualified residents of Taiwan" who can benefit from certain tax rules. The rules, though specific, leave room for ambiguities that could potentially lead to tax avoidance. The sections dealing with the taxation of Taiwan residents require a thorough understanding to avoid inconsistencies in application.

Changes to the taxation rules, such as allowing taxpayers to use previous years’ earned income when calculating tax credits if their current year's income is lower, raises potential risks of manipulation. This could benefit individuals with significant income fluctuations, creating unequal advantages and potential revenue losses for the government.

The bill extends significant tax benefits like 100 percent bonus depreciation and increased expense limits for business assets. However, these provisions may favor larger corporations with greater capital investments and create challenges for smaller enterprises to compete on equal footing.

Impact on the Public and Specific Stakeholders

Broadly, the bill is designed to alleviate tax burdens on American families and workers by increasing child tax credits and offering disaster-related tax relief. For families, this could mean more financial flexibility and support. Meanwhile, the proposed tax incentives for businesses could stimulate investment and growth, potentially leading to more job opportunities.

However, the complexity and specificity of some provisions present challenges. Smaller businesses might find it difficult to navigate potential financial benefits and experience disadvantages compared to larger corporations, which tend to have more resources to leverage complex tax rules.

For residents of Taiwan with income from U.S. sources, the bill provides potential tax relief, but only under meticulously defined conditions. This could foster improved economic relations between the U.S. and Taiwan but also needs to be managed carefully to prevent unintended loopholes and tax evasion.

The specific section dedicated to the East Palestine disaster underscores a targeted approach to disaster relief, yet it lacks clarity in execution criteria—potentially leading to misdirected funds.

Overall, while the bill seeks to provide tax alleviation and promote economic participation, it raises issues of complexity and potential inequity that require careful consideration to ensure fairness and efficacy.

Financial Assessment

The "Tax Relief for American Families and Workers Act of 2024" includes several noteworthy financial references and allocations that demand careful scrutiny. Understanding these elements is crucial to evaluating how the proposed changes optimize or potentially complicate tax-related matters for individuals and businesses.

Child Tax Credit Enhancements

The Act increases the refundable portion of the child tax credit over three years: $1,400 in 2022, $1,800 in 2023, $1,900 in 2024, and $2,000 in 2025. Additionally, an inflation adjustment mechanism will alter the credit amount beginning in 2023, tying it to cost-of-living adjustments and rounding changes to the nearest $100. While these changes aim to support working families, the technical nature of inflation adjustments might confuse taxpayers about the actual financial impact, addressing an issue raised about accessibility of language concerning these updates.

Business and Depreciation Incentives

The Act extends 100 percent bonus depreciation for property placed in service through 2026 and allows businesses to expense up to $1,290,000, an increase from the previous $1,000,000 limitation. Alongside this, the threshold for property investment has been elevated from $2,500,000 to $3,220,000. These provisions could significantly benefit larger enterprises with capital assets, potentially tilting the competitive landscape in favor of financially robust entities. Concerns have been raised that such incentives may disadvantage small businesses unable to make large capital investments.

Taxation and Reporting for Taiwan Residents

Specific provisions, such as those within Section 302, offer reduced tax rates for Taiwanese residents with U.S. income under certain conditions. This includes an income tax exemption for Taiwanese entertainers or athletes earning under $30,000 in the U.S. Annually. While intended to promote fair taxation, the complexity and numerous exemptions present potential loopholes that may lead to ambiguities, as identified in the issues section. Clarity and consistency in how these rules apply are crucial to prevent any abuse or unintended tax avoidance.

Increase in Reporting Thresholds

The reporting threshold for certain income payments will rise from $600 to $1,000, adjusted for inflation from 2024. This could simplify reporting for taxpayers, but entities required to make these reports may face challenges adjusting their systems and practices, particularly concerning periodic inflation adjustments. The change intends to ease the administrative burden on smaller transactions, though the transition may demand significant adjustments from businesses and tax professionals.

Penalties for COVID-Related Credit Fraud

Regulations intensify penalties for fraudulent COVID-related employee retention credit claims, with sanctions reaching $200,000 for firms and $10,000 for individuals. Simultaneously, a penalty of $1,000 per incident of non-compliance with due diligence requirements is introduced. These stiff penalties could guide compliance but may also be regarded as excessive without adequate taxpayer education, possibly exacerbating fears of punitive measures rather than fostering an environment of voluntary compliance.

Together, these financial provisions in the Act aim to bolster economic growth and tax equity, although the implementation complexity might challenge certain taxpayers and businesses. Stakeholders must clearly understand these changes to navigate the evolving tax landscape effectively.

Issues

  • The definition of 'qualified resident of Taiwan' in Sections 302 and 894A is complex and includes numerous exceptions and special rules, which might create loopholes that may be exploited to avoid taxation. This could result in potential tax avoidance and revenue loss.

  • Sections 302 and 894A introduce provisions for taxation of certain residents of Taiwan that are highly specific and may lead to ambiguities, particularly concerning the determination of what constitutes 'substantial activity' and a 'foreign country of concern.' These ambiguities raise concerns about the consistent and fair application of the law.

  • Section 104 introduces a rule allowing taxpayers to use their previous year's income to determine earned income if it was higher, creating opportunities for manipulation or disproportionately benefiting individuals with fluctuating income, potentially leading to revenue loss.

  • Sections 203 and 204 extend significant tax benefits, such as 100 percent bonus depreciation and increased limitations on expensing business assets, which may disproportionately benefit larger businesses with significant capital investment capabilities, potentially leading to an uneven playing field for smaller businesses.

  • The language in Section 103 concerning the inflation adjustment for the child tax credit is technical and may be difficult for the general public to understand, leading to confusion about how the adjustments will impact them financially.

  • The short title for Section 301, 'United States-Taiwan Expedited Double-Tax Relief Act,' does not provide enough information about its provisions, leading to potential misunderstandings about its purpose and effects.

  • Section 404 specifies disaster relief payments due to the East Palestine train derailment but lacks clarity on eligibility criteria and oversight mechanisms, which could result in ambiguity or misuse of funds.

  • Section 602 introduces substantial penalties related to COVID-related employee retention credits, which could be seen as overly punitive without a clear framework for taxpayer education and error correction. The complexity and length of the subsections may also be difficult for taxpayers and professionals to understand.

  • The amendment in Section 601 increases the threshold for requiring information reporting with respect to certain payees, potentially leading to challenges for entities required to adjust systems to reflect new thresholds and inflation adjustments.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents; etc Read Opens in new tab

Summary AI

The "Tax Relief for American Families and Workers Act of 2024" outlines various tax-related measures. It includes specific sections such as increased tax credits for children, deductions for research expenses, rules about depreciation for businesses, tax agreements with Taiwan, disaster relief provisions, support for affordable housing, and efforts to address tax administration and fraud.

101. Per-child calculation of refundable portion of child tax credit Read Opens in new tab

Summary AI

The section of the bill amends how the refundable portion of the child tax credit is calculated, capping it at $1,400 per qualifying child and adjusting the formula with special rules for the number of qualifying children. These changes apply to tax years starting after December 31, 2022.

Money References

  • (a) In general.—Subparagraph (A) of section 24(h)(5) is amended to read as follows: “(A) IN GENERAL.—In applying subsection (d)— “(i) the amount determined under paragraph (1)(A) of such subsection with respect to any qualifying child shall not exceed $1,400, and such paragraph shall be applied without regard to paragraph (4) of this subsection, and “(ii) paragraph (1)(B) of such subsection shall be applied by multiplying each of— “(I) the amount determined under clause (i) thereof, and “(II) the excess determined under clause (ii) thereof, by the number of qualifying children of the taxpayer.”

102. Increase in refundable portion Read Opens in new tab

Summary AI

In this section, the refundable portion of a tax credit is increased for certain years. Specifically, the amount changes from $1,400 to $1,800 for 2023, to $1,900 for 2024, and to $2,000 for 2025, with these changes starting from the 2023 taxable year.

Money References

  • (a) In general.—Paragraph (5) of section 24(h) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: “(B) AMOUNTS FOR 2023, 2024, AND 2025.—In the case of a taxable year beginning after 2022, subparagraph (A) shall be applied by substituting for ‘$1,400’— “(i) in the case of taxable year 2023, ‘$1,800’, “(ii) in the case of taxable year 2024, ‘$1,900’, and “(iii) in the case of taxable year 2025, ‘$2,000’.”. (b) Conforming amendment.—Subparagraph (C) of section 24(h)(5), as redesignated by subsection (a), is amended by inserting “and before 2023” after “2018”.

103. Inflation of credit amount Read Opens in new tab

Summary AI

The section amends Paragraph (2) of section 24(h) to allow for an inflation adjustment to the $2,000 credit amount starting in the taxable year beginning after 2023. It specifies that the adjustment will be based on the cost-of-living adjustment determined under section 1(f)(3), with a reference year change from 2016 to 2022, and any increase will be rounded down to the nearest $100.

Money References

  • — “(A) IN GENERAL.—Subsection”, and (2) by adding at the end the following new subparagraph: “(B) ADJUSTMENT FOR INFLATION.—In the case of a taxable year beginning after 2023, the $2,000 amounts in subparagraph (A) and paragraph (5)(B)(iii) shall each be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘2022’ for ‘2016’ in subparagraph (A)(ii) thereof. If any increase under this clause is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.”.

104. Rule for determination of earned income Read Opens in new tab

Summary AI

The section modifies the Internal Revenue Code to allow taxpayers, starting with the 2024 tax year, to use their previous year's earned income to calculate tax credits if their current year's earned income is lower, and clarifies that any errors in misreporting this information will be treated as mathematical errors.

105. Special rule for certain early-filed 2023 returns Read Opens in new tab

Summary AI

The special rule outlined in Section 105 allows the IRS to reassess the tax credit claimed by individuals on their early-filed 2023 tax returns, ignoring recent amendments to the credit calculation. If this reassessment shows that the taxpayer overpaid their taxes, they will receive a refund as quickly as possible.

201. Deduction for domestic research and experimental expenditures Read Opens in new tab

Summary AI

The section outlines a temporary change in tax rules for domestic research and experimental costs in the U.S. Instead of capitalizing these costs, businesses can deduct them as expenses until December 31, 2025, after which they will need to follow new rules unless they opt to amortize them.

174A. Temporary rules for domestic research and experimental expenditures Read Opens in new tab

Summary AI

In this section of the bill, temporary rules are set for handling domestic research and experimental expenses. Taxpayers can choose to either deduct these expenses in the current year or amortize them over a period of at least 60 months, with specific rules applying to the election of methods, restrictions on certain property and exploration costs, and a special note on software development. The section will not apply to expenses in tax years starting after December 31, 2025, at which point a change in accounting methods will be applied with the consent of the Secretary.

202. Extension of allowance for depreciation, amortization, or depletion in determining the limitation on business interest Read Opens in new tab

Summary AI

The bill extends the time period for claiming depreciation, amortization, or depletion when calculating business interest limits, changing the deadline from January 1, 2022, to January 1, 2026. Taxpayers can opt to apply this extension retroactively for taxable years starting after December 31, 2021, instead of December 31, 2023, if they follow the guidelines set by the Secretary.

203. Extension of 100 percent bonus depreciation Read Opens in new tab

Summary AI

The section extends the 100 percent bonus depreciation benefit to qualify for an extra three years, moving the cutoff dates for certain types of property to 2026 or 2027. Additionally, these changes will apply to properties placed in service or specific fruit and nut-bearing plants planted after December 31, 2022.

204. Increase in limitations on expensing of depreciable business assets Read Opens in new tab

Summary AI

The section increases the maximum amounts businesses can expense for depreciable assets under Section 179 of the IRS Code, with limits raised to $1,290,000 and $3,220,000, and updates inflation adjustments starting in 2024. These changes apply to property used in business from the year 2024 onwards.

Money References

  • (a) In general.—Section 179(b) is amended— (1) by striking “$1,000,000” in paragraph (1) and inserting “$1,290,000”, and (2) by striking “$2,500,000” in paragraph (2) and inserting “$3,220,000”.
  • (b) Inflation adjustment.—Section 179(b)(6) is amended— (1) by striking “2018” and inserting “2024 (2018 in the case of the dollar amount in paragraph (5)(A))”, and (2) by striking “‘calendar year 2017” and inserting “‘calendar year 2024’ (‘calendar year 2017’ in the case of the dollar amount in paragraph (5)(A))”. (c) Effective date.—The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2023. ---

301. Short title Read Opens in new tab

Summary AI

The section titled "SEC. 301" establishes that the official name for this part of the legislation is the “United States-Taiwan Expedited Double-Tax Relief Act.”

302. Special rules for taxation of certain residents of Taiwan Read Opens in new tab

Summary AI

The section outlines special tax rules for residents of Taiwan, allowing for reduced rates on specific types of income like dividends and interest from U.S. sources when certain conditions are met. It also describes what constitutes a “qualified resident of Taiwan” and provides tax exceptions for qualified wages and certain entertainment income, ensuring reciprocal tax benefits between the U.S. and Taiwan.

Money References

  • — “(A) IN GENERAL.—No tax shall be imposed under this chapter (and no amount shall be withheld under section 1441(a) or chapter 24) with respect to income derived by an entertainer or athlete who is a qualified resident of Taiwan from personal activities as such performed in the United States if the aggregate amount of gross receipts from such activities for the taxable year do not exceed $30,000.

894A. Special rules for qualified residents of Taiwan Read Opens in new tab

Summary AI

The section outlines tax rules for Taiwanese residents with income from U.S. sources, specifying how interest, dividends, wages, and other types of income are taxed. It includes provisions for certain exceptions, special rates, and definitions related to permanent establishments and qualified residents, plus it highlights the need for reciprocal benefits for U.S. residents and the authority of the President to facilitate such reciprocity with Taiwan.

Money References

  • — (A) IN GENERAL.—No tax shall be imposed under this chapter (and no amount shall be withheld under section 1441(a) or chapter 24) with respect to income derived by an entertainer or athlete who is a qualified resident of Taiwan from personal activities as such performed in the United States if the aggregate amount of gross receipts from such activities for the taxable year do not exceed $30,000.

1447. Withholding for qualified residents of Taiwan Read Opens in new tab

Summary AI

The section describes that certain residents of Taiwan might be eligible for lower tax withholding rates, and it refers readers to section 894A for more details.

311. Short title Read Opens in new tab

Summary AI

The section is designated as the “United States-Taiwan Tax Agreement Authorization Act”, indicating its purpose to provide legal authority for a tax agreement between the United States and Taiwan.

312. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the subtitle, including "Agreement," which refers to a specific tax agreement, "appropriate congressional committees," which are named committees in the Senate and House, "approval legislation," which is the legislation needed to approve the Agreement, and "implementing legislation," which refers to changes to tax law needed to put the Agreement into effect.

313. Authorization to negotiate and enter into agreement Read Opens in new tab

Summary AI

The President is allowed to negotiate a tax agreement with Taiwan, following certain guidelines. The agreement must align with the 2016 United States Model Income Tax Convention, can reference existing laws and agreements on double taxation, and requires approval from both the U.S. and Taiwanese authorities before taking effect.

314. Consultations with Congress Read Opens in new tab

Summary AI

The section outlines the requirement for the President to notify Congress at least 15 days before starting negotiations with Taiwan on an Agreement. Additionally, it mandates regular briefings and consultations with Congress throughout the negotiation process, ensuring Congress is informed about the objectives, status, and potential impacts on existing laws.

315. Approval and implementation of agreement Read Opens in new tab

Summary AI

The section outlines that an agreement can't start until the President publishes the agreement on a public website at least 60 days in advance and both approval and implementation laws are passed. Additionally, the Secretary of the Treasury must confirm that Taiwan has approved and prepared to implement the agreement.

316. Submission to Congress of agreement and implementation policy Read Opens in new tab

Summary AI

The section requires the President to submit the final text and a technical explanation of an agreement to Congress within 270 days of entering into it. Additionally, the Secretary of the Treasury must provide a description of necessary legal changes and proposed administrative actions needed to implement the agreement.

317. Consideration of approval legislation and implementing legislation Read Opens in new tab

Summary AI

The provision details how approval and implementing legislation related to a specific agreement should proceed in the U.S. Congress. It specifies that approval legislation is referred to the Committees on Foreign Relations in the Senate and Ways and Means in the House, while implementing legislation is referred to the Senate Committee on Finance and the House Committee on Ways and Means.

318. Relationship of agreement to Internal Revenue Code of 1986 Read Opens in new tab

Summary AI

The section explains that if anything in the Agreement or related legislation conflicts with the Internal Revenue Code of 1986, the Code takes precedence. Additionally, the section clarifies that the subtitle is not intended to change or limit any existing U.S. laws unless it specifically states otherwise.

319. Authorization of subsequent tax agreements relative to Taiwan Read Opens in new tab

Summary AI

The section allows for new tax agreements with Taiwan to be recognized as part of existing legislation after certain approval steps. It also clarifies that each new agreement will be considered independently following existing legal guidelines.

320. United States treatment of double taxation matters with respect to Taiwan Read Opens in new tab

Summary AI

The section explains that while the United States usually makes tax agreements with other countries through treaties approved by the Senate, it can't make such a treaty with Taiwan due to its unique status. Therefore, the U.S. plans to provide additional tax relief to Taiwan following a special agreement, while continuing to make similar agreements with other countries.

401. Short title Read Opens in new tab

Summary AI

The section designates the name of the title as the “Federal Disaster Tax Relief Act of 2024.”

402. Extension of rules for treatment of certain disaster-related personal casualty losses Read Opens in new tab

Summary AI

For the purposes of applying section 304(b) of the Taxpayer Certainty and Disaster Tax Relief Act of 2020, section 301 of that Act will now reference "the Federal Disaster Tax Relief Act of 2024" instead of "this Act" every time it is mentioned.

403. Exclusion from gross income for compensation for losses or damages resulting from certain wildfires Read Opens in new tab

Summary AI

The section explains that for tax purposes, money received by an individual as compensation for losses or damages from specific federally declared wildfires is not counted as income, as long as those losses aren't covered by insurance. It also notes that individuals can't claim tax deductions for expenses already covered by these payments and this tax exclusion applies to amounts received between 2020 and 2025.

404. East Palestine disaster relief payments Read Opens in new tab

Summary AI

This section states that any compensation given to individuals because of the East Palestine train derailment on February 3, 2023, will be considered tax-free disaster relief payments under U.S. tax law. These payments can come from government agencies, Norfolk Southern Railway, or related entities and apply to amounts received on or after the derailment date.

501. State housing credit ceiling increase for low-income housing credit Read Opens in new tab

Summary AI

The section increases the state housing credit ceiling for low-income housing credits by adding the years 2023, 2024, and 2025 to the list of applicable years, and it changes a heading to refer to "certain calendar years." These changes will take effect for calendar years after 2022.

502. Tax-exempt bond financing requirement Read Opens in new tab

Summary AI

The amendment to Section 42(h)(4) introduces a special rule allowing certain buildings to receive tax credits if a specified percentage of their costs are financed with tax-exempt bonds, setting thresholds at 50% or 30% depending on the type of obligations. This change applies to buildings placed in service starting after December 31, 2023, and specifies that rehabilitation costs treated as a new building will follow the same rule.

601. Increase in threshold for requiring information reporting with respect to certain payees Read Opens in new tab

Summary AI

In this section, the United States Congress proposes to increase the minimum amount for which information reporting is required from $600 to $1,000, and adjusts this amount for inflation starting in 2025. The section also makes corresponding changes to related provisions concerning remuneration, direct sales reporting, and backup withholding, with these changes taking effect for payments made after December 31, 2023.

Money References

  • (a) In general.—Sections 6041(a) is amended by striking “$600” and inserting “$1,000”.
  • (b) Inflation adjustment.—Section 6041 is amended by adding at the end the following new subsection: “(h) Inflation adjustment.—In the case of any calendar year after 2024, the dollar amount in subsection (a) shall be increased by an amount equal to— “(1) such dollar amount, multiplied by “(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.”. (c) Application to reporting on remuneration for services and direct sales.—Section 6041A is amended— (1) in subsection (a)(2), by striking “is $600 or more” and inserting “equals or exceeds the dollar amount in effect for such calendar year under section 6041(a)”, and (2) in subsection (b)(1)(B), by striking “is $5,000 or more” and inserting “equals or exceeds the dollar amount in effect for such calendar year under section 6041(a)”.
  • (d) Application to backup withholding.—Section 3406(b)(6) is amended— (1) by striking “$600” in subparagraph (A) and inserting “the dollar amount in effect for such calendar year under section 6041(a)”, and (2) by striking “only where aggregate for calendar year is $600 or more” in the heading and inserting “only if in excess of threshold”. (e) Conforming amendments.— (1) The heading of section 6041(a) is amended by striking “of $600 or more” and inserting “exceeding threshold”.

602. Enforcement provisions with respect to COVID-related employee retention credits Read Opens in new tab

Summary AI

The text details enforcement measures related to COVID-related employee retention credits, including increased penalties for promoters who aid in understating tax liabilities. It establishes due diligence requirements for promoters, treats non-compliance as knowledge of wrongdoing, extends the time limit for assessing and claiming credits, and clarifies transaction reporting rules.

Money References

  • — (1) IN GENERAL.—If any COVID–ERTC promoter is subject to penalty under section 6701(a) of the Internal Revenue Code of 1986 with respect to any COVID–ERTC document, notwithstanding paragraphs (1) and (2) of section 6701(b) of such Code, the amount of the penalty imposed under such section 6701(a) shall be the greater of— (A) $200,000 ($10,000, in the case of a natural person), or (B) 75 percent of the gross income derived (or to be derived) by such promoter with respect to the aid, assistance, or advice referred to in section 6701(a)(1) of such Code with respect to such document.
  • — (1) IN GENERAL.—Any COVID–ERTC promoter which provides aid, assistance, or advice with respect to any COVID–ERTC document and which fails to comply with due diligence requirements imposed by the Secretary with respect to determining eligibility for, or the amount of, any COVID-related employee retention tax credit, shall pay a penalty of $1,000 for each such failure.
  • (e) COVID–ERTC promoter.—For purposes of this section— (1) IN GENERAL.—The term “COVID–ERTC promoter” means, with respect to any COVID–ERTC document, any person which provides aid, assistance, or advice with respect to such document if— (A) such person charges or receives a fee for such aid, assistance, or advice which is based on the amount of the refund or credit with respect to such document and, with respect to such person’s taxable year in which such person provided such assistance or the preceding taxable year, the aggregate gross receipts of such person for aid, assistance, and advice with respect to all COVID-ERTC documents exceeds 20 percent of the gross receipts of such person for such taxable year, or (B) with respect to such person’s taxable year in which such person provided such assistance or the preceding taxable year— (i) the aggregate gross receipts of such person for aid, assistance, and advice with respect to all COVID–ERTC documents exceeds 50 percent of the gross receipts of such person for such taxable year, or (ii) both— (I) such aggregate gross receipts exceeds 20 percent of the gross receipts of such person for such taxable year, and (II) the aggregate gross receipts of such person for aid, assistance, and advice with respect to all COVID–ERTC documents (determined after application of paragraph (3)) exceeds $500,000.