Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 7431, Helping Small Businesses Reopen Safely Act of 2020

H.R. 7431, Helping Small Businesses Reopen Safely Act of 2020

Summary

H.R. 7431, the Helping Small Businesses Reopen Safely Act of 2020, was introduced in the House of Representatives on June 30, 2020 by Mr. Rouda and referred to the Committee on Ways and Means. It would give an eligible employer a credit against applicable employment taxes for each calendar quarter equal to 90 percent of the amount paid or incurred for eligible personal protective equipment provided free of charge for employees and customers. The credit could not exceed the lesser of $6,250 or the greater of 2 percent of gross receipts for the quarter or 0.5 percent of gross receipts for the last taxable year ending in 2019. An eligible employer averaged less than 500 full-time employees.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116Hr7431Ih Bills 116Hr7431Ih
Case
Bills Bills 116Hr7431Ih Bills 116Hr7431Ih

Cite this document

“H.R. 7431, Helping Small Businesses Reopen Safely Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7431ih-bills-116hr7431ih/, SHA-256 b4a2f236756745be2cf122cce96ba6e6186127464a3f8776334992e117fbd15a.

Full text

                                                                                                                                                                         I




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                            H. R. 7431
                                                                            To provide a payroll tax credit for personal protective equipment for use
                                                                                                  by employees and customers.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                    JUNE 30, 2020
                                                                        Mr. ROUDA (for himself and Mr. MAST) introduced the following bill; which
                                                                                  was referred to the Committee on Ways and Means




                                                                                                                 A BILL
                                                                                 To provide a payroll tax credit for personal protective
                                                                                   equipment for use by employees and customers.

                                                                        1               Be it enacted by the Senate and House of Representa-
                                                                        2 tives of the United States of America in Congress assembled,
                                                                        3        SECTION 1. SHORT TITLE.

                                                                        4               This Act may be cited as the ‘‘Helping Small Busi-
                                                                        5 nesses Reopen Safely Act of 2020’’.
                                                                        6        SEC. 2. PAYROLL TAX CREDIT FOR PERSONAL PROTECTIVE

                                                                        7                                 EQUIPMENT.

                                                                        8               (a) IN GENERAL.—In the case of an eligible em-
                                                                        9 ployer, there shall be allowed as a credit against applicable



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     10 employment taxes for each calendar quarter an amount



                                      VerDate Sep 11 2014   05:06 Jul 24, 2020    Jkt 099200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\H7431.IH   H7431
                                                                                                                                2
                                                                        1 equal to 90 percent of the amount paid or incurred by
                                                                        2 such employer during such calendar quarter for eligible
                                                                        3 personal protective equipment provided free of charge by
                                                                        4 such employer for the use or for the benefit of employees
                                                                        5 and customers of such employer.
                                                                        6              (b) LIMITATIONS AND REFUNDABILITY.—
                                                                        7                       (1) DOLLAR LIMITATION.—The amount of the
                                                                        8              credit allowed under subsection (a) with respect to
                                                                        9              any eligible employer for any calendar quarter shall
                                                                     10                not exceed the lesser of—
                                                                     11                                  (A) $6,250, or
                                                                     12                                  (B) the greater of—
                                                                     13                                          (i) 2 percent of the employer’s gross
                                                                     14                                  receipts for such calendar quarter, or
                                                                     15                                          (ii) 0.5 percent of the employer’s
                                                                     16                                  gross receipts for the employer’s last tax-
                                                                     17                                  able year ending in 2019.
                                                                     18                         (2)        CREDIT               LIMITED              TO         EMPLOYMENT

                                                                     19                TAXES.—The credit allowed by subsection (a) with

                                                                     20                respect to any calendar quarter shall not exceed the
                                                                     21                applicable employment taxes (reduced by any credits
                                                                     22                allowed under subsections (e) and (f) of section
                                                                     23                3111 of the Internal Revenue Code of 1986, sections
                                                                     24                7001 and 7003 of the Families First Coronavirus



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                Response Act, and section 2301 of the CARES Act)


                                                                                  •HR 7431 IH

                                      VerDate Sep 11 2014   05:06 Jul 24, 2020   Jkt 099200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\H7431.IH   H7431
                                                                                                                                3
                                                                        1              on the wages paid with respect to the employment
                                                                        2              of all the employees of the eligible employer for such
                                                                        3              calendar quarter.
                                                                        4                       (3) REFUNDABILITY OF EXCESS CREDIT.—
                                                                        5                                (A) IN GENERAL.—If the amount of the
                                                                        6                       credit under subsection (a) exceeds the limita-
                                                                        7                       tion of paragraph (2) for any calendar quarter,
                                                                        8                       such excess shall be treated as an overpayment
                                                                        9                       that shall be refunded under sections 6402(a)
                                                                     10                         and 6413(b) of the Internal Revenue Code of
                                                                     11                         1986.
                                                                     12                                  (B) TREATMENT OF PAYMENTS.—For pur-
                                                                     13                         poses of section 1324 of title 31, United States
                                                                     14                         Code, any amounts due to the employer under
                                                                     15                         this paragraph shall be treated in the same
                                                                     16                         manner as a refund due from a credit provision
                                                                     17                         referred to in subsection (b)(2) of such section.
                                                                     18                (c) DEFINITIONS.—For purposes of this section—
                                                                     19                         (1) APPLICABLE                      EMPLOYMENT                   TAXES.—The

                                                                     20                term ‘‘applicable employment taxes’’ means the fol-
                                                                     21                lowing:
                                                                     22                                  (A) The taxes imposed under section
                                                                     23                         3111(a) of the Internal Revenue Code of 1986.
                                                                     24                                  (B) So much of the taxes imposed under



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                         section 3221(a) of such Code as are attrib-


                                                                                  •HR 7431 IH

                                      VerDate Sep 11 2014   05:06 Jul 24, 2020   Jkt 099200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\H7431.IH   H7431
                                                                                                                                4
                                                                        1                       utable to the rate in effect under section
                                                                        2                       3111(a) of such Code.
                                                                        3                       (2) ELIGIBLE EMPLOYER.—
                                                                        4                                (A) IN GENERAL.—The term ‘‘eligible em-
                                                                        5                       ployer’’ means, with respect to any calendar
                                                                        6                       quarter, any employer—
                                                                        7                                        (i) which was carrying on a trade or
                                                                        8                                business during such calendar quarter, and
                                                                        9                                        (ii) the average number of full-time
                                                                     10                                  employees (within the meaning of section
                                                                     11                                  4980H of the Internal Revenue Code of
                                                                     12                                  1986) employed by such employer during
                                                                     13                                  such calendar quarter was less than 500.
                                                                     14                                  (B)         CERTAIN                TAX-EXEMPT                  ORGANIZA-

                                                                     15                         TIONS AND GOVERNMENTAL EMPLOYERS.—In

                                                                     16                         the case of an organization which is described
                                                                     17                         in section 501(c) of the Internal Revenue Code
                                                                     18                         of 1986 and exempt from tax under section
                                                                     19                         501(a) of such Code, or any governmental enti-
                                                                     20                         ty (other than a governmental entity described
                                                                     21                         in subparagraph (D)), subparagraph (A)(i)
                                                                     22                         shall apply to all operations of such organiza-
                                                                     23                         tion or government.
                                                                     24                                  (C) EXCLUSION OF CERTAIN TAX-EXEMPT



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                         ORGANIZATIONS.—The term ‘‘eligible employer’’



                                                                                  •HR 7431 IH

                                      VerDate Sep 11 2014   05:06 Jul 24, 2020   Jkt 099200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\H7431.IH   H7431
                                                                                                                                5
                                                                        1                       shall not include any organization described in
                                                                        2                       section 501(c)(4) of such Code unless such or-
                                                                        3                       ganization does not participate in, or intervene
                                                                        4                       in (including the publishing or distributing of
                                                                        5                       statements), any political campaign on behalf of
                                                                        6                       (or in opposition to) any candidate for public
                                                                        7                       office.
                                                                        8                                (D) EXCLUSION OF FEDERAL AND FOR-
                                                                        9                       EIGN GOVERNMENTS.—The                                 term ‘‘eligible em-
                                                                     10                         ployer’’ shall not include the Government of the
                                                                     11                         United States, the government of any foreign
                                                                     12                         country, or any agency or instrumentality of the
                                                                     13                         foregoing.
                                                                     14                         (3) ELIGIBLE PERSONAL PROTECTIVE EQUIP-
                                                                     15                MENT.—The                     term       ‘‘eligible          personal            protective
                                                                     16                equipment’’ means masks or face coverings, goggles,
                                                                     17                face shields, respiratory protection, gloves, gowns,
                                                                     18                shields or barriers, hand sanitizers, surface cleaners
                                                                     19                or disinfectants, items that are intended to reduce
                                                                     20                the spread of infectious disease, and any other sup-
                                                                     21                plies or equipment that the Secretary determines ap-
                                                                     22                propriate for purposes of this section after consulta-
                                                                     23                tion with Secretary of Health and Human Services
                                                                     24                and the Secretary of Labor.



pbinns on DSKJLVW7X2PROD with BILLS                                               •HR 7431 IH

                                      VerDate Sep 11 2014   05:06 Jul 24, 2020   Jkt 099200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\H7431.IH   H7431
                                                                                                                                6
                                                                        1                       (4) SECRETARY.—The term ‘‘Secretary’’ means
                                                                        2              the Secretary of the Treasury or the Secretary’s del-
                                                                        3              egate.
                                                                        4                       (5) OTHER TERMS.—Any term used in this sec-
                                                                        5              tion which is also used in chapter 21 or 22 of the
                                                                        6              Internal Revenue Code of 1986 shall have the same
                                                                        7              meaning as when used in such chapter.
                                                                        8              (d) AGGREGATION RULE.—All persons treated as a
                                                                        9 single employer under subsection (a) or (b) of section 52
                                                                     10 of the Internal Revenue Code of 1986, or subsection (m)
                                                                     11 or (o) of section 414 of such Code, shall be treated as
                                                                     12 one employer for purposes of this section.
                                                                     13                (e) DENIAL OF DOUBLE BENEFIT.—For purposes of
                                                                     14 chapter 1 of such Code, the gross income of any eligible
                                                                     15 employer, for the taxable year which includes the last day
                                                                     16 of any calendar quarter with respect to which a credit is
                                                                     17 allowed under this section, shall be increased by the
                                                                     18 amount of such credit.
                                                                     19                (f) ELECTION NOT TO HAVE SECTION APPLY.—This
                                                                     20 section shall not apply with respect to any eligible em-
                                                                     21 ployer for any calendar quarter if such employer elects (at
                                                                     22 such time and in such manner as the Secretary may pre-
                                                                     23 scribe) not to have this section apply.




pbinns on DSKJLVW7X2PROD with BILLS                                               •HR 7431 IH

                                      VerDate Sep 11 2014   05:06 Jul 24, 2020   Jkt 099200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\H7431.IH   H7431
                                                                                                                                7
                                                                        1              (g) THIRD-PARTY PAYORS.—Any credit allowed
                                                                        2 under this section shall be treated as a credit described
                                                                        3 in section 3511(d)(2) of such Code.
                                                                        4              (h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-
                                                                        5        VIVORS INSURANCE TRUST FUND.—There are hereby ap-

                                                                        6 propriated to the Federal Old-Age and Survivors Insur-
                                                                        7 ance Trust Fund and the Federal Disability Insurance
                                                                        8 Trust Fund established under section 201 of the Social
                                                                        9 Security Act (42 U.S.C. 401) and the Social Security
                                                                     10 Equivalent Benefit Account established under section
                                                                     11 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C.
                                                                     12 14 231n–1(a)) amounts equal to the reduction in revenues
                                                                     13 to the Treasury by reason of this section (without regard
                                                                     14 to this subsection). Amounts appropriated by the pre-
                                                                     15 ceding sentence shall be transferred from the general fund
                                                                     16 at such times and in such manner as to replicate to the
                                                                     17 extent possible the transfers which would have occurred
                                                                     18 to such Trust Fund or Account had this section not been
                                                                     19 enacted.
                                                                     20                (i) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                     21 waive any penalty under section 6656 of the Internal Rev-
                                                                     22 enue Code of 1986 for any failure to make a deposit of
                                                                     23 any applicable employment taxes if the Secretary deter-
                                                                     24 mines that such failure was due to the reasonable anticipa-



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25 tion of the credit allowed under this section.


                                                                                  •HR 7431 IH

                                      VerDate Sep 11 2014   05:06 Jul 24, 2020   Jkt 099200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\H7431.IH   H7431
                                                                                                                                8
                                                                        1              (j) REGULATIONS AND GUIDANCE.—The Secretary
                                                                        2 shall issue such forms, instructions, regulations, and guid-
                                                                        3 ance as are necessary—
                                                                        4                       (1) to allow the advance payment of the credit
                                                                        5              under subsection (a), subject to the limitations pro-
                                                                        6              vided in this section, based on such information as
                                                                        7              the Secretary shall require,
                                                                        8                       (2) to provide for the reconciliation of such ad-
                                                                        9              vance payment with the amount advanced at the
                                                                     10                time of filing the return of tax for the applicable cal-
                                                                     11                endar quarter or taxable year, and
                                                                     12                         (3) with respect to the application of the credit
                                                                     13                under subsection (a) to third-party payors (including
                                                                     14                professional employer organizations, certified profes-
                                                                     15                sional employer organizations, or agents under sec-
                                                                     16                tion 3504 of the Internal Revenue Code of 1986),
                                                                     17                including regulations or guidance allowing such
                                                                     18                payors to submit documentation necessary to sub-
                                                                     19                stantiate the eligible employer status of employers
                                                                     20                that use such payors.
                                                                     21                (k) APPLICATION.—This section shall only apply to
                                                                     22 calendar quarters beginning after December 31, 2019, and
                                                                     23 before January 1, 2022.
                                                                                                                                Æ



pbinns on DSKJLVW7X2PROD with BILLS                                               •HR 7431 IH

                                      VerDate Sep 11 2014   05:06 Jul 24, 2020   Jkt 099200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6301   E:\BILLS\H7431.IH   H7431


File and source

File
BILLS_bills-116hr7431ih_bills-116hr7431ih.pdf
Size
239,921 bytes
SHA-256
b4a2f236756745be2cf122cce96ba6e6186127464a3f8776334992e117fbd15a
Our copy
BILLS_bills-116hr7431ih_bills-116hr7431ih.pdf
Original
www.govinfo.gov
Back to top