Overview
Title
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 big helpful blanket that tries to make taxes easier and nicer by giving more money to families with kids, helping people and businesses during disasters, and making rules for how people from Taiwan pay taxes in America. But some parts might be a bit tricky and not equally fair for everyone.
Summary AI
H. R. 7024, titled the “Tax Relief for American Families and Workers Act of 2024,” introduces various tax reforms. It aims to improve the child tax credit, offer tax incentives to boost economic growth, and adjust taxation rules for certain Taiwanese residents with U.S. income. The bill also seeks to alleviate tax burdens related to federal disasters, enhance the low-income housing tax credit, and address tax administration and fraud issues, particularly concerning COVID-related employee retention credits.
Published
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AnalysisAI
The United States Congress has proposed a bill titled the "Tax Relief for American Families and Workers Act of 2024," with a broad aim to reform various aspects of tax law to provide relief and promote economic growth. This bill, introduced by a representative from Missouri, seeks to make significant changes to the Internal Revenue Code of 1986. It addresses topics ranging from improvements in the child tax credit, tax incentives for economic growth, tax rules for residents of Taiwan, and tax relief for federal disasters, to improvements in the low-income housing tax credit, among other related purposes.
General Summary
The bill is composed of multiple sections across several titles, aiming to modify existing tax regulations. It includes adjustments to the child tax credit by increasing the refundable portion over a few years and adjustments for inflation. It also extends provisions related to domestic research expenditures, providing businesses with more opportunities to deduct such costs. Another significant aspect of the bill is its intent to establish a bilateral tax framework with Taiwan, allowing special tax rules for certain residents and income types.
Additionally, the bill extends tax relief options for disaster-impacted areas and introduces amendments to support more affordable housing. Lastly, it aims to improve tax administration to reduce fraud, specifically with respect to COVID-related employee retention credits.
Significant Issues
One major issue with the proposed legislation is its complexity. The bill covers a wide range of topics, which might obscure detailed examination of each part and impede understanding by the general public. The combination of unrelated elements like tax credits, international agreements, and disaster relief can dilute focus and raise concerns over hidden provisions within the less scrutinized sections.
Furthermore, there is apprehension that the bill's provisions may favor larger corporations that have the resources to navigate complex tax deductions and legal options, potentially leading to inequitable benefits that bypass smaller businesses or the average taxpayer. Additionally, the lack of clear guidelines or frameworks for the planned agreements with Taiwan and disaster relief payments could lead to issues around fairness and accountability.
Impact on the Public
The bill might broadly impact the public in a few ways. For families, changes in the child tax credit could offer financial relief, although the cost and impact on the federal budget are unknown and may worry some taxpayers. Retirees or those using low-income housing credits may see an indirect benefit from the bill's affordability measures.
Economically, allowing increased expensing of business assets and extending depreciation benefits may encourage business investment, potentially stimulating job creation and economic growth. However, these same measures could widen the gap between large corporations and smaller entities if not equitably managed.
Impact on Specific Stakeholders
For stakeholders such as large corporations, the bill's provisions on research expenses, bonus depreciation, and business asset expensing could provide substantial financial advantages. On the other hand, small businesses may face challenges in fully utilizing these provisions due to their complexity.
Taxpayers in disaster-prone areas might be concerned about the broad criteria for relief payments, which could lead to unequal distribution based on geographic location or the specifics of disaster declarations.
Overall, while the bill intends to deliver broad economic benefits and tax relief, its multifaceted nature introduces complexities and potential inequalities that stakeholders, policymakers, and the public will need to carefully monitor and address.
Financial Assessment
The "Tax Relief for American Families and Workers Act of 2024," introduced as H. R. 7024, includes numerous financial references and allocations which merit consideration, particularly in relation to the issues previously identified. Here is a breakdown of key financial elements:
Child Tax Credit Increases
The bill proposes an increase in the refundable portion of the child tax credit. Initially, the maximum amount per qualifying child is set to $1,400, but specific adjustments raise this amount to $1,800 for 2023, $1,900 for 2024, and $2,000 for 2025. These increases have fiscal implications that might affect the federal budget. Without a detailed explanation of the fiscal impact and justification for these increments, there is concern regarding how equitable these adjustments are for taxpayers broadly and how they might strain federal resources. Moreover, these financial earmarks could raise questions about potential inequity, as they benefit families with children but do not address taxpayers without children.
Depreciation and Expensing of Business Assets
The bill makes significant adjustments to the limitation on expensing depreciable business assets, raising the cap from $1,000,000 to $1,290,000 and the threshold for the phase-out from $2,500,000 to $3,220,000. These changes appear to benefit larger businesses that have more substantial assets to depreciate, which may suggest a disparity in tax advantages between larger corporations and smaller businesses. This aligns with concerns that the bill favors entities capable of navigating complex deductions and depreciation benefits.
Information Reporting Thresholds
The legislation proposes to amend the reporting threshold under Section 6041 to $1,000 from the existing $600. Moreover, this amount is subject to an annual inflation adjustment starting in 2024. By raising this threshold, the bill might simplify reporting for some taxpayers, but it also risks reducing the amount of transaction oversight, potentially obfuscating financial transparency in small transaction reporting.
Penalties Related to COVID-Related Employee Retention Credits
The bill imposes strict financial penalties on promoters responsible for aiding unsanctioned claims of employee retention credits, with fines up to $200,000 or 75% of gross income derived from such services. While these measures aim to curb fraud, the lack of detailed guidelines on implementation may create enforcement challenges, particularly for smaller entities not well-versed in complicated tax regulations.
Wildfire and Disaster Relief Exclusions
Financial relief provisions exclude certain wildfire-related compensation from gross taxable income, but limitations and exclusions on such benefits are not fully detailed. These exclusions, aimed at providing relief, may inadvertently lead to duplication with other compensatory benefits unless strict guidelines are established. Additionally, sections dealing with disaster relief payments, like those arising from the East Palestine incident, could lead to perceived financial favoritism due to a lack of clear criteria and oversight.
Summary
The financial allocations and adjustments presented in H. R. 7024 reflect efforts to provide tax relief and incentivize growth but do not come without potential challenges. Questions surrounding equity, transparency, and the bill's broader fiscal impact remain pertinent, highlighting the need for a thorough examination of how these financial measures align with national fiscal priorities. Transparency in the bill’s financial impacts and clear guidelines for implementation would mitigate potential issues and ensure that intended benefits are fairly distributed across different taxpayer demographics.
Issues
The broad scope and complexity of the bill, which includes multiple unrelated topics such as disaster relief, tax credits, and international tax agreements (Section 1), make it overwhelming and potentially obfuscate controversial provisions. This could hinder public understanding and transparency.
The provisions favoring larger or more sophisticated entities capable of navigating complex tax deductions and depreciation options suggest potential inequity in the tax benefits provided (Sections 201, 202, 203, 204). This might lead to criticism that the bill disproportionately benefits wealthy corporations over small businesses.
The plan to negotiate and implement bilateral tax agreements with Taiwan without clear guidelines on reciprocal benefits or oversight mechanisms could lead to concerns about fairness and accountability (Sections 313, 314, 315, 320). The lack of specificity regarding these agreements might raise diplomatic and legal issues.
The ambiguity surrounding the criteria for 'qualified residents of Taiwan' and potential loopholes for tax avoidance highlight concerns about equitable tax enforcement and compliance (Sections 302, 894A). The complexity could allow for exploitation or inconsistent application of tax laws.
The enforcement provisions for COVID-related employee retention credits lack detailed guidance, which could lead to legal ambiguities and difficulty in enforcement, particularly for small entities unfamiliar with complex tax regulations (Section 602). An unclear framework for penalties and enforcement could lead to challenges ensuring compliance.
The increase in the refundable portion of the child tax credit, without a clear explanation of the fiscal impact and justification for specific increments, raises financial concerns about its cost to the federal budget and implications for equity among taxpayers (Sections 101, 102, 104).
The exclusion of income tax for wildfire relief payments, without clear guidelines on eligibility and verification against other compensations, may result in potential duplication of benefits and could be seen as favoring certain regions over others (Section 403). This raises questions about fairness in disaster relief.
The extended tax relief programs for disaster-stricken areas, like East Palestine, without specific criteria or oversight mechanisms, might lead to perceived favoritism or misuse of funds (Section 404). The emphasis on specific entities, such as Norfolk Southern Railway, may also raise concerns of potential conflicts of interest.
The overlapping and potentially conflicting provisions between the bill and existing tax codes, especially regarding international tax agreements and disaster-related provisions, could lead to legal uncertainties and interpretative challenges (Sections 318, 320). The bill's alignment with broader fiscal policies remains unclear.
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 section provides an overview and breakdown of the “Tax Relief for American Families and Workers Act of 2024.” It includes details like the short title of the Act, references to amendments to the Internal Revenue Code of 1986, and a table of contents listing the various titles and sections of the Act covering topics like tax relief for families, promoting innovation and growth, enhancing global competitiveness, assisting disaster-impacted communities, making housing more affordable, and improving tax administration.
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 allows taxpayers to use their earned income from the previous year to calculate their tax credit if it is higher than their current year's income, starting from the 2024 tax year. Additionally, any errors relating to this election will be treated as mathematical errors for tax processing purposes.
201. Deduction for domestic research and experimental expenditures Read Opens in new tab
Summary AI
The text describes changes to tax legislation regarding domestic research and experimental expenditures, including delaying amortization until after 2025 and allowing deductions until then. It outlines rules for expensing and amortizing these costs, explains how they interact with other tax provisions, and includes transition guidelines for implementing these changes.
174A. Temporary rules for domestic research and experimental expenditures Read Opens in new tab
Summary AI
This section allows taxpayers to deduct domestic research or experimental expenses from their income during the taxable year if they are connected to their business, provided these expenses are not related to foreign research. Taxpayers can choose to instead capitalize and amortize these expenses over at least 60 months. Special rules state it does not cover land or property improvements, mineral exploration costs, or software development, and it will not apply after December 31, 2025, treating changes as accounting method adjustments.
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
This section allows for new tax agreements related to Taiwan to be considered part of existing agreements once they are approved and implemented. Each new tax agreement with Taiwan will be handled separately under existing laws.
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
The section modifies existing tax laws to increase the threshold amount for requiring information reporting from $600 to $1,000, with adjustments for inflation starting in 2025. It also updates related provisions to reflect this change and applies the new threshold to the backup withholding and reporting on services and direct sales, starting from January 1, 2024.
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 section outlines penalties and requirements related to COVID-related employee retention tax credits (ERTC). It increases penalties for promoters who assist in underreporting tax liabilities, enforces due diligence requirements, establishes definitions for terms related to the credits, and specifies an expiration date for claiming refunds. Additionally, it mandates regulatory guidance to ensure compliance.
Money References
- (a) Increase in assessable penalty on COVID–ERTC promoters for aiding and abetting understatements of tax liability.—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— (1) $200,000 ($10,000, in the case of a natural person), or (2) 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, 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.