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 bill is like a big plan to help families with kids have more money, make businesses grow faster, and assist people after bad events, like big fires, by adjusting how they pay taxes and handle money in different ways. It also includes special rules for people from Taiwan working in the U.S. and wants to make sure people follow tax rules without cheating.
Summary AI
H.R. 7024 is a proposed law aimed at making several improvements in the U.S. tax system. It introduces enhancements to the child tax credit, provides tax incentives to foster economic growth, and includes special tax rules for people from Taiwan earning money in the U.S. Additionally, it offers tax relief for victims of specific federal disasters and suggests reforms to make low-income housing more affordable. The bill also includes measures to strengthen tax administration and combat fraud.
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AnalysisAI
The proposed legislation, titled the "Tax Relief for American Families and Workers Act of 2024," aims to introduce several tax-related reforms. These include changes to the child tax credit, incentives for economic growth, new tax provisions for Taiwanese residents with U.S. income, disaster-related tax reliefs, improvements to the low-income housing tax credit, and measures to combat tax fraud.
General Summary
At its core, the bill seeks to address various facets of the U.S. tax code with the goal of providing financial relief and incentives for diverse groups, including American families, businesses investing in research, disaster-impacted communities, and the housing sector. Among its provisions, it proposes adjustments to the child tax credit and offers extended benefits for research expenses. It also introduces specific tax rules for residents of Taiwan concerning income from U.S. sources. Additionally, it provides tax relief in response to federal disasters and increases the support mechanisms for low-income housing projects.
Significant Issues
A critical concern within the bill lies in its complexity, particularly when addressing international tax rules and disaster relief payments. The sections dealing with Taiwanese residents' tax qualification introduce intricate definitions and exceptions, which could lead to diplomatic tension or potential exploitation of tax loopholes if not managed carefully. Moreover, the selective nature of disaster relief, notably for the East Palestine train derailment and certain wildfires, raises questions of equity and the potential for conflicts of interest, especially with involvement from private entities like Norfolk Southern Railway.
The proposals for extending depreciation allowances could favor larger businesses that have the infrastructure to make significant investments. This may prompt arguments about economic fairness, especially if the measures lack a thorough assessment of their fiscal implications.
Additionally, increasing the threshold for information reporting could alter revenue streams and compliance burdens for organizations that must adapt to new requirements. Lastly, the enforcement provisions for COVID-related credits involve heightened penalties that might disproportionately affect taxpayers without adequate education or means to correct errors.
Impact on the Public
Generally, the bill seems designed to provide financial relief and stability across various sectors. For American families, enhancements to the child tax credit represent potential increases in available income, which might alleviate financial pressures, especially for those with multiple dependents.
However, the measures aimed at economic growth via research incentives and extended depreciation benefits could exacerbate inequality by disproportionately benefiting larger corporations better equipped to leverage these provisions. Smaller businesses might struggle to take advantage of these benefits at similar scales.
Impact on Stakeholders
For families, the increase in refundable child tax credits could result in immediate financial benefits, making day-to-day expenses more manageable. However, those with lesser-known knowledge of complex tax procedures might still face barriers in accessing full benefits without professional assistance.
Businesses, particularly those engaged in domestic research and development, stand to gain significantly from the proposed deductions and allowances. Large enterprises might find it more feasible to capitalize on these advantages, potentially widening the gap between them and smaller competitors. The new international tax rules could benefit Taiwanese residents doing business with the U.S., but unclear rules could introduce compliance difficulties.
Meanwhile, the structured approach towards disaster relief payments, while beneficial to the impacted regions, could spark debates around priority setting for federal assistance. The involvement of private companies in relief distribution might elicit scrutiny regarding equitable and objective disbursement.
In conclusion, this legislative proposal encapsulates a range of tax reforms aimed at diversifying relief and growth opportunities. Its intricate details, however, demand careful scrutiny to prevent economic disparities and ensure the effective implementation of its provisions. The bill's broad impacts reflect an attempt to balance relief efforts with economic incentives amidst potential administrative and ethical challenges.
Financial Assessment
The proposed legislation, H.R. 7024, addresses various financial aspects within the United States tax system, specifically focusing on child tax credits, infrastructure for economic growth, disaster relief, and tax administration improvements. Each section details financial references, adjustments, and potential implications for taxpayers and government revenue.
Child Tax Credit Enhancements
The bill contains provisions to amend the per-child calculation of the refundable portion of the child tax credit. Specifically, it restricts the amount to $1,400 per qualifying child (§101) and progressively increases this amount to $1,800 in 2023, $1,900 in 2024, and $2,000 in 2025 (§102). Furthermore, the credit amount is subject to inflation adjustments beginning in 2023. These adjustments aim to increase the immediate financial support available to families with children.
Economic Growth Incentives and Corporate Benefits
One of the bill's objectives is to promote economic growth through tax incentives. It proposes an increase in the limitations on expensing of depreciable business assets to $1,290,000 from the previous $1,000,000, and similarly increases the phase-out threshold from $2,500,000 to $3,220,000 (§204). However, this raises concerns about potentially disproportionate benefits for larger businesses, possibly exacerbating economic disparity without clear fiscal justifications.
Rules for Certain Residents of Taiwan
The bill introduces special tax rules for certain residents of Taiwan, including favorable tax treatment for specific types of income. For example, it proposes no tax imposition on income derived from entertainment or athletic activities if gross receipts do not exceed $30,000 in a taxable year (§302, §894A). This aspect could create ambiguities in defining eligible residents, and potential risks of tax avoidance, based on complex qualifying criteria.
Disaster Relief Payments
In terms of disaster relief, the bill exempts qualified wildfire relief payments from gross income taxation. Such payments compensate for losses incurred due to wildfires but are limited to taxable years up to 2025 (§403). Moreover, the bill treats certain compensations related to the East Palestine train derailment as tax-free disaster relief payments. These tax reliefs raise questions about equitable financial support and potential over-reliance on corporate payouts, particularly from entities like Norfolk Southern Railway (§404).
Tax Reporting and Compliance
The legislation proposes to raise the threshold for required information reporting from $600 to $1,000, beginning in 2024. This change is indexed to inflation and aims to streamline tax reporting, but it might lead to compliance challenges or lower tax revenue due to widened reporting exemptions (§601).
COVID-Related Employee Retention Credits
Among notable financial penalties, the bill outlines stringent enforcement measures against fraudulent claims regarding COVID-related employee retention credits. It imposes a penalty of either $200,000 for businesses or $10,000 for individuals, or 75% of the gross income derived from false claims (§602). These significant penalties reflect a robust legal framework to deter and penalize tax fraud, although they might also pose harsh financial repercussions for businesses entangled in non-compliance disputes.
In conclusion, H.R. 7024 introduces important adjustments aimed at supporting families, fostering economic growth, and providing disaster relief. However, these financial references also call attention to potential issues related to fairness, compliance complexities, and tax avoidance risks, which warrant careful consideration and balanced implementation.
Issues
The definition of 'qualified resident of Taiwan' and the related tax rules in Sections 302 and 894A could lead to legal and diplomatic issues due to complex requirements and potential tax avoidance schemes. The administration of these rules involves multiple determinations and exceptions that could cause ambiguities about who qualifies.
Sections 403 and 404 involve specific relief payments for disaster-related losses, such as those from certain wildfires and the East Palestine train derailment. These sections raise potential ethical and financial questions about selective relief and potential conflicts of interest, especially with reliance on payments from Norfolk Southern Railway in Section 404.
The provisions of Section 202 that extend the allowance for depreciation, amortization, or depletion from January 1, 2022, to January 1, 2026, may disproportionately benefit larger businesses, which could be perceived as favoritism or unfair economic policy without clear justification and fiscal impact assessment.
The changes in Section 601 to increase the threshold for requiring information reporting of certain payees might cause financial concerns about tax compliance and revenue impacts, as well as administrative burdens on entities needing to update systems for new reporting thresholds.
Section 502 introduces complexity in the tax-exempt bond financing requirements. This could affect the financial landscape for affordable housing projects, leading to ambiguity and administrative challenges as stakeholders attempt to interpret and implement new guidelines.
The amendment in Section 104 that allows taxpayers to substitute their earned income from a prior year may create opportunities for manipulation and disproportionately benefit individuals with fluctuating incomes, raising revenue and fairness concerns.
Section 602 details enforcement provisions for COVID-related employee retention credits, imposing substantial penalties on promoters. The legal complexity and potential for harsh financial repercussions without sufficient taxpayer education or rectification processes are significant concerns.
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.âSubparagraph (A) of section 24(h)(5) is amended to read as follows: â(A) IN GENERAL.âIn applying subsection (d)â â(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 â(ii) paragraph (1)(B) of such subsection shall be applied by multiplying each ofâ â(I) the amount determined under clause (i) thereof, and â(II) the excess determined under clause (ii) thereof, by the number of qualifying children of the taxpayer.â
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.âParagraph (5) of section 24(h) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: â(B) AMOUNTS FOR 2023, 2024, AND 2025.âIn the case of a taxable year beginning after 2022, subparagraph (A) shall be applied by substituting for â$1,400ââ â(i) in the case of taxable year 2023, â$1,800â, â(ii) in the case of taxable year 2024, â$1,900â, and â(iii) in the case of taxable year 2025, â$2,000â.â. (b) Conforming amendment.âSubparagraph (C) of section 24(h)(5), as redesignated by subsection (a), is amended by inserting âand before 2023â after â2018â.
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
- â â(A) IN GENERAL.âSubsectionâ, and (2) by adding at the end the following new subparagraph: â(B) ADJUSTMENT FOR INFLATION.âIn 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 toâ â(i) such dollar amount, multiplied by â(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 â2022â for â2016â 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.â.
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.âSection 179(b) is amendedâ (1) by striking â$1,000,000â in paragraph (1) and inserting â$1,290,000â, and (2) by striking â$2,500,000â in paragraph (2) and inserting â$3,220,000â.
- (b) Inflation adjustment.âSection 179(b)(6) is amendedâ (1) by striking â2018â and inserting â2024 (2018 in the case of the dollar amount in paragraph (5)(A))â, and (2) by striking ââcalendar year 2017â and inserting ââcalendar year 2024â (âcalendar year 2017â in the case of the dollar amount in paragraph (5)(A))â. (c) Effective date.âThe 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 âUnited States-Taiwan Expedited Double-Tax Relief Act.â
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 âqualified resident of Taiwanâ and provides tax exceptions for qualified wages and certain entertainment income, ensuring reciprocal tax benefits between the U.S. and Taiwan.
Money References
- â â(A) IN GENERAL.âNo 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
- â (A) IN GENERAL.âNo 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 âUnited States-Taiwan Tax Agreement Authorization Actâ, 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 âFederal Disaster Tax Relief Act of 2024.â
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.âSections 6041(a) is amended by striking â$600â and inserting â$1,000â.
- (b) Inflation adjustment.âSection 6041 is amended by adding at the end the following new subsection: â(h) Inflation adjustment.âIn the case of any calendar year after 2024, the dollar amount in subsection (a) shall be increased by an amount equal toâ â(1) such dollar amount, multiplied by â(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting âcalendar year 2023â for âcalendar year 2016â 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.â. (c) Application to reporting on remuneration for services and direct sales.âSection 6041A is amendedâ (1) in subsection (a)(2), by striking âis $600 or moreâ and inserting âequals or exceeds the dollar amount in effect for such calendar year under section 6041(a)â, and (2) in subsection (b)(1)(B), by striking âis $5,000 or moreâ and inserting âequals or exceeds the dollar amount in effect for such calendar year under section 6041(a)â.
- (d) Application to backup withholding.âSection 3406(b)(6) is amendedâ (1) by striking â$600â in subparagraph (A) and inserting âthe dollar amount in effect for such calendar year under section 6041(a)â, and (2) by striking âonly where aggregate for calendar year is $600 or moreâ in the heading and inserting âonly if in excess of thresholdâ. (e) Conforming amendments.â (1) The heading of section 6041(a) is amended by striking âof $600 or moreâ and inserting âexceeding thresholdâ.
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
- â (1) IN GENERAL.âIf any COVIDâERTC promoter is subject to penalty under section 6701(a) of the Internal Revenue Code of 1986 with respect to any COVIDâERTC 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 ofâ (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.
- â (1) IN GENERAL.âAny COVIDâERTC promoter which provides aid, assistance, or advice with respect to any COVIDâERTC 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) COVIDâERTC promoter.âFor purposes of this sectionâ (1) IN GENERAL.âThe term âCOVIDâERTC promoterâ means, with respect to any COVIDâERTC document, any person which provides aid, assistance, or advice with respect to such document ifâ (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 personâs 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 personâs taxable year in which such person provided such assistance or the preceding taxable yearâ (i) the aggregate gross receipts of such person for aid, assistance, and advice with respect to all COVIDâERTC documents exceeds 50 percent of the gross receipts of such person for such taxable year, or (ii) bothâ (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 COVIDâERTC documents (determined after application of paragraph (3)) exceeds $500,000.