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

This bill wants to change some tax rules to help families with kids and to encourage businesses to spend money in good ways, like being kind to the earth. It also talks about special tax rules for people from Taiwan working in the U.S., and it makes some rules about how people can get help after big disasters.

Summary AI

H.R. 7024, titled the "Tax Relief for American Families and Workers Act of 2024," aims to make several changes to the United States tax code. It proposes improvements to the child tax credit and provides incentives for economic growth through tax credits for research, innovation, and energy-efficient practices. The bill also sets special tax rules for certain residents of Taiwan earning income in the U.S. and offers tax relief for federal disaster victims and enhancements to the low-income housing tax credit.

Published

2024-01-23
Congress: 118
Session: 2
Chamber: HOUSE
Status: Reported in House
Date: 2024-01-23
Package ID: BILLS-118hr7024rh

Bill Statistics

Size

Sections:
33
Words:
17,070
Pages:
84
Sentences:
345

Language

Nouns: 4,696
Verbs: 1,218
Adjectives: 1,011
Adverbs: 142
Numbers: 755
Entities: 835

Complexity

Average Token Length:
4.16
Average Sentence Length:
49.48
Token Entropy:
5.55
Readability (ARI):
26.31

AnalysisAI

The proposed legislation, titled "Tax Relief for American Families and Workers Act of 2024," is a complex bill with multiple components aimed at providing tax relief and incentives for various groups and situations. It consists of several titles, each addressing different areas such as improvements to the child tax credit, tax benefits for economic growth, special tax rules for residents of Taiwan, disaster relief, low-income housing credit, and measures against fraud.

General Summary

The bill seeks to improve the child tax credit by adjusting the refundable portion per child and accommodating inflation adjustments in future years. It introduces tax incentives for research and development expenditures and provides extensions to 100 percent bonus depreciation, which benefits businesses investing in new property and equipment. Additionally, the bill establishes special tax rules for residents of Taiwan who earn income from the United States. It also provides relief measures for individuals affected by federal disasters and proposes enhancements to the low-income housing tax credit to promote affordable housing. Lastly, the bill outlines enforcement measures related to COVID-related employee retention tax credits to prevent fraud.

Significant Issues

One notable issue is the provision for special tax rules for certain residents of Taiwan, which could potentially lead to exploitation and create loopholes for tax avoidance. The lack of precise criteria for "reciprocal benefits" and possible inconsistency with other tax code provisions may contribute to these concerns.

Another point of contention is the increase in limits for expensing depreciable business assets, which could disproportionately benefit larger businesses. This may lead to disparities between large and small businesses unless adequately justified.

The provisions on disaster relief payments, particularly those relating to wildfires, pose risks of potential duplication of benefits. Without clear mechanisms for verifying non-compensation by other sources, there is a chance of overcompensation and questions about fiscal responsibility.

The extension of 100 percent bonus depreciation may favor larger businesses with substantial capital investment abilities, potentially creating an uneven playing field for smaller businesses.

Moreover, the section allowing taxpayers to substitute previous year's earned income might lead to manipulation and disproportionately benefit individuals with fluctuating incomes, leading to revenue losses.

Impact on the Public and Specific Stakeholders

Broadly, the bill aims to offer relief and incentives that may benefit families, businesses, and communities. For families, particularly those with children, adjustments to the child tax credit could provide much-needed financial support. Businesses may benefit from tax deductions related to research and development, as well as incentives for capital investments through extended bonus depreciation.

However, certain provisions might not affect all stakeholders equally. Larger businesses could see more advantages in tax incentives for capital expenditures compared to smaller enterprises, potentially exacerbating existing economic disparities. Additionally, the special tax provisions for Taiwanese residents could lead to concerns over tax fairness and revenue loss if they lead to undue tax avoidance.

For disaster-affected individuals, the tax relief measures offer potential financial alleviation, but the lack of clear guidelines might result in inconsistent or unfair application of benefits.

Finally, the public may face confusion or difficulty in understanding the bill's provisions due to its technical complexity and numerous references to existing tax laws. This complexity could hinder public engagement and make compliance more challenging without expert assistance.

Overall, while the bill has the potential to provide needed relief and stimulate economic growth, its effectiveness will depend on the careful implementation and oversight of its various provisions. Policymakers will need to ensure clarity, transparency, and fair application to maximize benefits and minimize any negative impacts.

Financial Assessment

The proposed legislation, H.R. 7024, titled the "Tax Relief for American Families and Workers Act of 2024," includes multiple financial references and allocations intended to adjust various aspects of the United States tax code.

Child Tax Credit Enhancements

The bill seeks to amend the child tax credit by increasing the refundable portion. Specifically, the amount allowed before refunds for the years 2023, 2024, and 2025 would be $1,800, $1,900, and $2,000, respectively, up from the previous $1,400 cap. Additionally, these amounts will be adjusted for inflation beginning in 2024. This financial move aims to provide more immediate financial support to families with children.

However, there is concern about the fiscal impacts of these increased refundable amounts. Without detailed projections, it is unclear how these changes might affect the federal budget and if the government can sustain these increases over the specified years without exacerbating budget deficits.

Business Asset Expensing

The legislation proposes to raise the expensing limit for depreciable business assets from $1,000,000 to $1,290,000. This increase is set to help businesses invest in necessary equipment and facilities by allowing them to immediately write off more substantial asset purchases instead of depreciating them over time. Furthermore, the ceiling for property-based expensing is also heightened from $2,500,000 to $3,220,000. These adjustments also include an inflation adjustment starting in 2024.

These changes predominantly benefit larger businesses that engage in significant capital investments, possibly creating a financial advantage over smaller businesses. The absence of adequate justification for such a sharp increase raises questions about potential bias towards more prominent industries with substantial resource capacities.

Tax Rules for Taiwan Residents

The introduction of financial language pertaining to Taiwan includes special rules for the taxation of certain residents with income from U.S. sources. Notably, earnings like interest and dividends for qualifying residents may be taxed at reduced rates, potentially as low as 10% in specific cases. While this might foster economic collaboration, there are apprehensions about possible loopholes that could permit tax avoidance.

Further, the criteria for "reciprocal benefits" are vague, increasing the likelihood of unintentional inconsistencies within the tax code. This raises a potential issue of fairness and adequacy of regulatory oversight to ensure equitable tax responsibilities.

Disaster Relief and Bonuses

The bill offers provisions for disaster relief payments, allowing certain types of compensation, such as from wildfires or the East Palestine train derailment, to be excluded from gross income. Yet, uncertainties remain over mechanisms to avert compensation duplication. The bill’s language lacks clarity about controlling whether the recipient has other sources of compensation which could lead to overcompensation concerns.

Regarding 100 percent bonus depreciation, extending this incentive could lead corporate entities with capital to write off investments more quickly. This potentially shifts the competitive balance, particularly disadvantaging smaller firms unable to undertake large capital expenditures. The focus on heavy capital investment favors already wealthy corporations, questioning the equitable distribution of such tax-based growth incentives.

Reporting and Compliance Adjustments

The bill also suggests increasing the threshold for mandatory financial reporting from $600 to $1,000, subject to inflation adjustments. This change improves the thresholds for backup withholding and other reporting requirements, aiming to simplify the tax filing process for numerous payees. While easing bureaucratic burdens, there is a risk that it could result in under-reporting by casual earners or smaller vendors, thus necessitating additional oversight to prevent lost tax revenue.

Overall, while the bill offers potentially beneficial tax adjustments and incentives, it simultaneously raises concerns about fiscal implications, bias towards larger corporations, and oversight adequacy. Clear and transparent criteria coupled with detailed economic analyses are crucial to ensure that these provisions serve intended beneficiaries without unintended negative consequences.

Issues

  • The special rules for the taxation of certain residents of Taiwan may lead to potential exploitation and create loopholes for tax avoidance. The provision could disproportionately benefit certain individuals without clear regulatory oversight, particularly with the lack of precise criteria for 'reciprocal benefits' and potential inconsistencies with other parts of the tax code (Sections 302, 894A).

  • The increase in expensing limits for depreciable business assets from $1,000,000 to $1,290,000 could significantly benefit larger businesses, potentially creating disparities between large and small businesses unless adequately justified (Section 204).

  • The provisions regarding disaster relief payments, such as those resulting from certain wildfires, could lead to potential duplication of benefits without clear mechanisms for verifying that losses are not compensated by other sources. This could result in overcompensation and concerns over fiscal responsibility (Section 403).

  • The extension of 100 percent bonus depreciation might disproportionately favor larger businesses with significant capital investment capabilities, potentially leading to an uneven competitive field for smaller businesses (Section 203).

  • The rule allowing taxpayers to substitute their earned income from the previous year if it is higher may lead to potential manipulation. This could disproportionately benefit individuals with fluctuating income and lead to possible revenue loss (Section 104).

  • The absence of clear criteria and transparency regarding the 'special rule for certain early-filed 2023 returns' could lead to confusion and inconsistent application, potentially impacting fairness in tax credits (Section 105).

  • The lack of detailed assessment regarding the fiscal impacts of increasing various refundable credit amounts raises questions about potential costs to the federal budget and overall economic implications (Sections 101, 102, 103).

  • The section on 'East Palestine disaster relief payments' does not clearly outline the criteria or oversight mechanisms for payment distribution, potentially leading to misuse of funds and favoritism towards Norfolk Southern Railway, raising concerns over accountability and competitiveness (Section 404).

  • The technical complexity and references to numerous tax law provisions throughout the bill could make the legislation difficult for non-experts to understand, potentially hindering public engagement and compliance (General Issue).

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 beginning of the "Tax Relief for American Families and Workers Act of 2024" outlines the short title and confirms that any mentioned amendments or repeals in the Act refer to the Internal Revenue Code of 1986. Additionally, it provides an organized table of contents, detailing different titles and sections focused on tax relief, innovation, global competitiveness, disaster assistance, affordable housing, and 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 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

In this bill section, Congress introduces changes to how companies can deduct expenses related to domestic research and experimental spending. The section allows for the immediate deduction of these expenses temporarily, delays the requirement to spread these deductions over time, and clarifies the impact on various other tax-related provisions, with an effective date for these changes starting after December 31, 2021.

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 introduces special tax rules for certain residents of Taiwan, adjusting tax rates and defining specific income sources that qualify for reduced taxation, such as interest, dividends, and royalties. It also outlines conditions under which residents won't be taxed for certain wages or income and provides criteria to determine who qualifies as a resident of Taiwan for these tax benefits.

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.