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H.R. 8656, Small Business Emergency Savings Accounts Act of 2020

Summary

H.R. 8656 was introduced in the House of Representatives on October 23, 2020, by Cloud, for himself, Weber of Texas, Gohmert, and King of Iowa. It may be cited as the Small Business Emergency Savings Accounts Act of 2020. Section 2 amends the Internal Revenue Code of 1986 to allow an eligible business a deduction for amounts paid to a small business emergency savings account of the business. An eligible business is one whose average number of full-time employees does not exceed 500, and the account is a trust created exclusively for paying qualified disaster and public health emergency expenses.

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Congressional materials
Document type
Bills Bills 116Hr8656Ih Bills 116Hr8656Ih
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Bills Bills 116Hr8656Ih Bills 116Hr8656Ih

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“H.R. 8656, Small Business Emergency Savings Accounts Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8656ih-bills-116hr8656ih/, SHA-256 fc2a21d4afd0907277caaa01d67d9ed56bdce8938650fa1a6a7b47111225210c.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 8656
                                                                         To amend the Internal Revenue Code of 1986 to provide emergency savings
                                                                                              accounts for small businesses.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                   OCTOBER 23, 2020
                                                                       Mr. CLOUD (for himself, Mr. WEBER of Texas, Mr. GOHMERT, and Mr. KING
                                                                           of Iowa) introduced the following bill; which was referred to the Com-
                                                                           mittee on Ways and Means




                                                                                                                 A BILL
                                                                             To amend the Internal Revenue Code of 1986 to provide
                                                                                emergency savings accounts for small businesses.

                                                                         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 ‘‘Small Business Emer-
                                                                         5 gency Savings Accounts Act of 2020’’.
                                                                         6     SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO SMALL BUSI-

                                                                         7                             NESS EMERGENCY SAVINGS ACCOUNTS.

                                                                         8              (a) IN GENERAL.—Part VI of subchapter B of chap-




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                                                                         9 ter 1 of the Internal Revenue Code of 1986 (relating to




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                                                                         1 itemized deductions for individuals and corporations) is
                                                                         2 amended by adding at the end the following new section:
                                                                         3     ‘‘SEC. 200. SMALL BUSINESS EMERGENCY SAVINGS AC-

                                                                         4                             COUNTS.

                                                                         5              ‘‘(a) DEDUCTION ALLOWED.—In the case of a eligi-
                                                                         6 ble business, there shall be allowed as a deduction for the
                                                                         7 taxable year an amount equal to the aggregate amount
                                                                         8 paid during such taxable year by such business to a small
                                                                         9 business emergency savings account of such business.
                                                                       10               ‘‘(b) LIMITATION.—The amount allowed as a deduc-
                                                                       11 tion under subsection (a) to any business for any taxable
                                                                       12 year shall not exceed the lesser of—
                                                                       13                        ‘‘(1) 25 percent of the wages (as defined in sec-
                                                                       14               tion 3121(a)) paid by the eligible business during
                                                                       15               such taxable year, or
                                                                       16                        ‘‘(2) the greater of—
                                                                       17                                  ‘‘(A) zero, or
                                                                       18                                  ‘‘(B) the maximum amount which when
                                                                       19                        added to the balance of such account (as deter-
                                                                       20                        mined at the end of such taxable year but with-
                                                                       21                        out regard to contributions made during such
                                                                       22                        taxable year) would not result in such balance
                                                                       23                        (as so determined) to exceed 150 percent of




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                                                                       24                        wages (as defined in section 3121(a)) paid by
                                                                       25                        the eligible business during such taxable year.


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                                                                         1              ‘‘(c) ELIGIBLE BUSINESS.—For purposes of this sec-
                                                                         2 tion, the term ‘eligible business’ means any person if—
                                                                         3                       ‘‘(1) such person carries on any trade or busi-
                                                                         4              ness in the United States (other than the trade or
                                                                         5              business of being an employee), and
                                                                         6                       ‘‘(2) the average number of full-time employees
                                                                         7              (as determined for purposes of determining whether
                                                                         8              an employer is an applicable large employer for pur-
                                                                         9              poses of section 4980H(c)(2)) employed by such em-
                                                                       10               ployer during the taxable year does not exceed 500.
                                                                       11               ‘‘(d) SMALL BUSINESS EMERGENCY SAVINGS AC-
                                                                       12      COUNT.—For purposes of this section—

                                                                       13                        ‘‘(1) IN GENERAL.—The term ‘small business
                                                                       14               emergency savings account’ means a trust created or
                                                                       15               organized in the United States as a small business
                                                                       16               emergency savings account exclusively for the pur-
                                                                       17               pose of paying the qualified disaster and public
                                                                       18               health emergency expenses of the account bene-
                                                                       19               ficiary, but only if the written governing instrument
                                                                       20               creating the trust meets the following requirements:
                                                                       21                                  ‘‘(A) Except in the case of a rollover con-
                                                                       22                        tribution described in subsection (f)(5), no con-
                                                                       23                        tribution will be accepted unless it is in cash.




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                                                                       24                                  ‘‘(B) The trustee is a bank (as defined in
                                                                       25                        section 408(n)), an insurance company (as de-


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                                                                         1                       fined in section 816), or another person who
                                                                         2                       demonstrates to the satisfaction of the Sec-
                                                                         3                       retary that the manner in which such person
                                                                         4                       will administer the trust will be consistent with
                                                                         5                       the requirements of this section.
                                                                         6                                 ‘‘(C) No part of the trust assets will be in-
                                                                         7                       vested in life insurance contracts.
                                                                         8                                 ‘‘(D) The assets of the trust will not be
                                                                         9                       commingled with other property except in a
                                                                       10                        common trust fund or common investment
                                                                       11                        fund.
                                                                       12                                  ‘‘(E) The interest of account beneficiary in
                                                                       13                        the balance in the account is nonforfeitable.
                                                                       14                        ‘‘(2)        QUALIFIED                 DISASTER                  AND     PUBLIC

                                                                       15               HEALTH EMERGENCY EXPENSES.—The term ‘quali-

                                                                       16               fied disaster and public health emergency expenses’
                                                                       17               means—
                                                                       18                                  ‘‘(A) disaster loss replacement expenses,
                                                                       19                                  ‘‘(B) disaster recovery operations expenses,
                                                                       20                        and
                                                                       21                                  ‘‘(C) public health emergency expenses.
                                                                       22                        ‘‘(3)        DISASTER                LOSS          REPLACEMENT              EX-

                                                                       23               PENSES.—The                    term ‘disaster loss replacement ex-




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                                                                       24               penses’ means any expense paid or incurred in the
                                                                       25               ordinary course of a trade or business of the eligible


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                                                                         1              business to replace or repair casualty losses totaling
                                                                         2              $3,000 or more resulting from a federally declared
                                                                         3              disaster.
                                                                         4                       ‘‘(4) DISASTER                       RECOVERY           OPERATIONS       EX-

                                                                         5              PENSES.—The term ‘disaster recovery operations ex-

                                                                         6              penses’ means the following amounts if paid or in-
                                                                         7              curred in the ordinary course of a trade or business
                                                                         8              of the eligible business while the declaration with re-
                                                                         9              spect to a federally declared disaster is in effect:
                                                                       10                                  ‘‘(A) Wages (as defined in section 3121(a))
                                                                       11                        and taxes imposed under section 3111.
                                                                       12                                  ‘‘(B) Unemployment insurance contribu-
                                                                       13                        tions.
                                                                       14                                  ‘‘(C) Health care costs.
                                                                       15                                  ‘‘(D) Rent, lease, or mortgage costs, in-
                                                                       16                        cluding property taxes.
                                                                       17                                  ‘‘(E) Utilities.
                                                                       18                        ‘‘(5)        PUBLIC                  HEALTH           EMERGENCY          EX-

                                                                       19               PENSES.—The                    term ‘public health emergency ex-
                                                                       20               penses’ means amounts described in subparagraphs
                                                                       21               (A) through (E) of paragraph (4) if paid or incurred
                                                                       22               in the ordinary course of a trade or business of the
                                                                       23               eligible business while a public health emergency




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                                                                       24               declaration is in effect.




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                                                                         1                       ‘‘(6) FEDERALLY DECLARED DISASTER.—The
                                                                         2              term ‘federally declared disaster’ has the meaning
                                                                         3              given such term by section 165(i)(5).
                                                                         4                       ‘‘(7) PUBLIC HEALTH EMERGENCY DECLARA-
                                                                         5              TION.—The term ‘public health emergency declara-

                                                                         6              tion’ means any declaration of a public health emer-
                                                                         7              gency by the Secretary of Health and Human Serv-
                                                                         8              ices under section 319 of the Public Health Service
                                                                         9              Act (42 U.S.C. 247d).
                                                                       10                        ‘‘(8) ACCOUNT BENEFICIARY.—The term ‘ac-
                                                                       11               count beneficiary’ means the eligible business on
                                                                       12               whose behalf the small business emergency savings
                                                                       13               account was established.
                                                                       14               ‘‘(e) TREATMENT OF ACCOUNT.—
                                                                       15                        ‘‘(1) IN          GENERAL.—A                    small business emer-
                                                                       16               gency savings account is exempt from taxation under
                                                                       17               this subtitle unless such account has ceased to be a
                                                                       18               small business emergency savings account. Notwith-
                                                                       19               standing the preceding sentence, any such account is
                                                                       20               subject to the taxes imposed by section 511 (relating
                                                                       21               to imposition of tax on unrelated business income of
                                                                       22               charitable, etc. organizations).
                                                                       23                        ‘‘(2) ACCOUNT TERMINATIONS.—Rules similar




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                                                                       24               to the rules of paragraphs (2) and (4) of section
                                                                       25               408(e) shall apply to small business emergency sav-


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                                                                         1              ings accounts, and any amount treated as distrib-
                                                                         2              uted under such rules shall be treated as not used
                                                                         3              to pay qualified disaster and public health emer-
                                                                         4              gency expenses.
                                                                         5              ‘‘(f) TAX TREATMENT OF DISTRIBUTIONS.—
                                                                         6                       ‘‘(1) AMOUNTS USED FOR QUALIFIED DISASTER
                                                                         7              AND PUBLIC HEALTH EMERGENCY EXPENSES.—Any

                                                                         8              amount paid or distributed out of a small business
                                                                         9              emergency savings account which is used exclusively
                                                                       10               to pay qualified disaster and public health emer-
                                                                       11               gency expenses of any account beneficiary shall not
                                                                       12               be includible in gross income.
                                                                       13                        ‘‘(2) INCLUSION OF AMOUNTS NOT USED FOR
                                                                       14               QUALIFIED DISASTER AND PUBLIC HEALTH EMER-

                                                                       15               GENCY EXPENSES.—Any amount paid or distributed

                                                                       16               out of a small business emergency savings account
                                                                       17               which is not used exclusively to pay the qualified dis-
                                                                       18               aster and public health emergency expenses of the
                                                                       19               account beneficiary shall be included in the gross in-
                                                                       20               come of such beneficiary.
                                                                       21                        ‘‘(3) EXCESS CONTRIBUTIONS RETURNED BE-
                                                                       22               FORE DUE DATE OF RETURN.—

                                                                       23                                  ‘‘(A) IN          GENERAL.—If                  any excess con-




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                                                                       24                        tribution is contributed for a taxable year to
                                                                       25                        any small business emergency savings account


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                                                                         1                       of an eligible business, paragraph (2) shall not
                                                                         2                       apply to distributions from the small business
                                                                         3                       emergency savings accounts of such eligible
                                                                         4                       business (to the extent such distributions do not
                                                                         5                       exceed the aggregate excess contributions to all
                                                                         6                       such accounts of such eligible business for such
                                                                         7                       year) if—
                                                                         8                                        ‘‘(i) such distribution is received by
                                                                         9                                 the eligible business on or before the last
                                                                       10                                  day prescribed by law (including extensions
                                                                       11                                  of time) for filing such eligible business’s
                                                                       12                                  return for such taxable year, and
                                                                       13                                         ‘‘(ii) such distribution is accompanied
                                                                       14                                  by the amount of net income attributable
                                                                       15                                  to such excess contribution.
                                                                       16                        Any net income described in clause (ii) shall be
                                                                       17                        included in the gross income of the eligible busi-
                                                                       18                        ness for the taxable year in which it is received.
                                                                       19                                  ‘‘(B) EXCESS CONTRIBUTION.—For pur-
                                                                       20                        poses of subparagraph (A), the term ‘excess
                                                                       21                        contribution’ means any contribution (other
                                                                       22                        than a rollover contribution described in para-
                                                                       23                        graph (5)) which is not deductible under this




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                                                                       24                        section.




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                                                                         1                       ‘‘(4) ADDITIONAL TAX ON DISTRIBUTIONS NOT
                                                                         2              USED          FOR        QUALIFIED                DISASTER                AND     PUBLIC

                                                                         3              HEALTH EMERGENCY EXPENSES.—

                                                                         4                                 ‘‘(A) IN GENERAL.—The tax imposed by
                                                                         5                       this chapter on the account beneficiary for any
                                                                         6                       taxable year in which there is a payment or dis-
                                                                         7                       tribution from a small business emergency sav-
                                                                         8                       ings account of such beneficiary which is includ-
                                                                         9                       ible in gross income under paragraph (2) shall
                                                                       10                        be increased by 20 percent of the amount which
                                                                       11                        is so includible.
                                                                       12                                  ‘‘(B) EXCEPTION                       FOR        DISABILITY       OR

                                                                       13                        DEATH.—If               the eligible business is an indi-
                                                                       14                        vidual, subparagraph (A) shall not apply if the
                                                                       15                        payment or distribution is made after the ac-
                                                                       16                        count beneficiary becomes disabled within the
                                                                       17                        meaning of section 72(m)(7) or dies.
                                                                       18                        ‘‘(5) ROLLOVER CONTRIBUTION.—An amount is
                                                                       19               described in this paragraph as a rollover contribu-
                                                                       20               tion if it meets the requirements of subparagraphs
                                                                       21               (A) and (B).
                                                                       22                                  ‘‘(A) IN GENERAL.—Paragraph (2) shall
                                                                       23                        not apply to any amount paid or distributed




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                                                                       24                        from a small business emergency savings ac-
                                                                       25                        count to the account beneficiary to the extent


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                                                                         1                       the amount received is paid into a small busi-
                                                                         2                       ness emergency savings account for the benefit
                                                                         3                       of such beneficiary not later than the 60th day
                                                                         4                       after the day on which the beneficiary receives
                                                                         5                       the payment or distribution.
                                                                         6                                 ‘‘(B) LIMITATION.—This paragraph shall
                                                                         7                       not apply to any amount described in subpara-
                                                                         8                       graph (A) received by an eligible business from
                                                                         9                       a small business emergency savings account if,
                                                                       10                        at any time during the 1-year period ending on
                                                                       11                        the day of such receipt, such eligible business
                                                                       12                        received any other amount described in sub-
                                                                       13                        paragraph (A) from a small business emergency
                                                                       14                        savings account which was not includible in the
                                                                       15                        small business’s gross income because of the
                                                                       16                        application of this paragraph.
                                                                       17               ‘‘(g) COST-OF-LIVING ADJUSTMENT.—
                                                                       18                        ‘‘(1) IN GENERAL.—In the case of any taxable
                                                                       19               year beginning in a calendar year after 2020, the
                                                                       20               $3,000 amount in subsection (d)(3) shall be in-
                                                                       21               creased by an amount equal to—
                                                                       22                                  ‘‘(A) such dollar amount, multiplied by
                                                                       23                                  ‘‘(B) the cost-of-living adjustment deter-




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                                                                       24                        mined under section 1(f)(3) for the calendar
                                                                       25                        year in which such taxable year begins deter-


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                                                                         1                       mined by substituting ‘calendar year 2019’ for
                                                                         2                       ‘calendar year 2016’ in subparagraph (A)(ii)
                                                                         3                       thereof.
                                                                         4                       ‘‘(2) ROUNDING.—If any increase under para-
                                                                         5              graph (1) is not a multiple of $50, such increase
                                                                         6              shall be rounded to the nearest multiple of $50.
                                                                         7              ‘‘(h) SPECIAL RULES.—
                                                                         8                       ‘‘(1) DENIAL                 OF       DEDUCTION                  TO      DEPEND-

                                                                         9              ENTS.—No               deduction shall be allowed under this
                                                                       10               section to any individual with respect to whom a de-
                                                                       11               duction under section 151 is allowable to another
                                                                       12               taxpayer for a taxable year beginning in the cal-
                                                                       13               endar year in which such individual’s taxable year
                                                                       14               begins.
                                                                       15                        ‘‘(2) TAXABLE YEAR MUST BE FULL TAXABLE
                                                                       16               YEAR.—Except in the case of a taxable year closed

                                                                       17               by reason of the death of an individual who is an eli-
                                                                       18               gible business, no deduction shall be allowed under
                                                                       19               this section in the case of a taxable year covering a
                                                                       20               period of less than 12 months.
                                                                       21                        ‘‘(3) CERTAIN RULES TO APPLY.—Rules similar
                                                                       22               to the following rules shall apply for purposes of this
                                                                       23               section:




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                                                                       24                                  ‘‘(A) Section 219(d)(2) (relating to no de-
                                                                       25                        duction for rollovers).


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                                                                         1                                 ‘‘(B) Section 219(f)(3) (relating to time
                                                                         2                       when contributions deemed made).
                                                                         3                                 ‘‘(C) Section 219(f)(5) (relating to em-
                                                                         4                       ployer payments).
                                                                         5                                 ‘‘(D) Section 408(g) (relating to commu-
                                                                         6                       nity property laws).
                                                                         7                                 ‘‘(E) Section 408(h) (relating to custodial
                                                                         8                       accounts).
                                                                         9                                 ‘‘(F) Section 223(f)(7) (relating to transfer
                                                                       10                        of account incident to divorce).
                                                                       11                                  ‘‘(G) Section 223(f)(8) (relating to treat-
                                                                       12                        ment after death of account beneficiary).
                                                                       13                        ‘‘(4) DENIAL OF DOUBLE BENEFIT.—No deduc-
                                                                       14               tion shall be allowed under this chapter for any
                                                                       15               qualified disaster and public health emergency ex-
                                                                       16               penses with respect to which any payment or dis-
                                                                       17               tribution is excluded from gross income under sub-
                                                                       18               section (f)(1).
                                                                       19               ‘‘(i) REPORTS.—The Secretary may require the trust-
                                                                       20 ee of a small business emergency savings account to make
                                                                       21 such reports regarding such account to the Secretary and
                                                                       22 to the account beneficiary with respect to contributions,
                                                                       23 distributions, the return of excess contributions, and such




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                                                                       24 other matters as the Secretary determines appropriate.’’.




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                                                                         1              (b) DEDUCTION ALLOWED WHETHER OR NOT INDI-
                                                                         2     VIDUAL ITEMIZES OTHER DEDUCTIONS.—Section 62(a)

                                                                         3 of such Code is amended by inserting after paragraph (21)
                                                                         4 the following new paragraph:
                                                                         5                       ‘‘(22) SMALL BUSINESS EMERGENCY SAVINGS
                                                                         6              ACCOUNTS.—In the case of an individual who is an

                                                                         7              eligible business, the deduction allowed by section
                                                                         8              200.’’.
                                                                         9              (c) TAX ON EXCESS CONTRIBUTIONS.—Section 4973
                                                                       10 of such Code (relating to tax on excess contributions to
                                                                       11 certain tax-favored accounts and annuities) is amended—
                                                                       12                        (1) by striking ‘‘or’’ at the end of subsection
                                                                       13               (a)(5), by inserting ‘‘or’’ at the end of subsection
                                                                       14               (a)(6), and by inserting after subsection (a)(6) the
                                                                       15               following new paragraph:
                                                                       16                        ‘‘(7) a small business emergency savings ac-
                                                                       17               count (within the meaning of section 220(d)),’’; and
                                                                       18                        (2) by adding at the end the following new sub-
                                                                       19               section:
                                                                       20               ‘‘(i) EXCESS CONTRIBUTIONS TO SMALL BUSINESS
                                                                       21 EMERGENCY SAVINGS ACCOUNTS.—For purposes of this
                                                                       22 section, in the case of small business emergency savings
                                                                       23 accounts (within the meaning of section 220(d)), the term




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                                                                       24 ‘excess contributions’ means the sum of—




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                                                                         1                       ‘‘(1) the aggregate amount contributed for the
                                                                         2              taxable year to the accounts (other than a rollover
                                                                         3              contribution described in section 220(f)(5)) which is
                                                                         4              not allowable as a deduction under section 220 for
                                                                         5              such year, and
                                                                         6                       ‘‘(2) the amount determined under this sub-
                                                                         7              section for the preceding taxable year, reduced by
                                                                         8              the sum of—
                                                                         9                                 ‘‘(A) the distributions out of the accounts
                                                                       10                        which were included in gross income under sec-
                                                                       11                        tion 220(f)(2), and
                                                                       12                                  ‘‘(B) the excess (if any) of—
                                                                       13                                         ‘‘(i) the maximum amount allowable
                                                                       14                                  as a deduction under section 220(b) for
                                                                       15                                  the taxable year, over
                                                                       16                                         ‘‘(ii) the amount contributed to the
                                                                       17                                  accounts for the taxable year.
                                                                       18                        For purposes of this subsection, any contribu-
                                                                       19                        tion which is distributed out of the small busi-
                                                                       20                        ness emergency savings account in a distribu-
                                                                       21                        tion to which section 220(f)(3) applies shall be
                                                                       22                        treated as an amount not contributed.’’.
                                                                       23               (d) FAILURE TO PROVIDE REPORTS                                               ON   SMALL




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                                                                       24 BUSINESS EMERGENCY SAVINGS ACCOUNTS.—Section
                                                                       25 6693(a)(2) of such Code is amended by redesignating sub-


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                                                                         1 paragraphs (D), (E), and (F) as subparagraphs (E), (F),
                                                                         2 and (G), respectively, and by inserting after subparagraph
                                                                         3 (C) the following new subparagraph:
                                                                         4                                 ‘‘(D) section 220(i) (relating to small busi-
                                                                         5                       ness emergency savings accounts),’’.
                                                                         6              (e) CLERICAL AMENDMENT.—The table of sections
                                                                         7 for part VI of subchapter B of chapter 1 of such Code
                                                                         8 is amended by adding at the end the following:
                                                                               ‘‘Sec. 220. Small business emergency savings accounts.’’.

                                                                         9              (f) EFFECTIVE DATE.—The amendments made by
                                                                       10 this section shall apply to taxable years beginning after
                                                                       11 December 31, 2019.
                                                                                                                                  Æ




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BILLS_bills-116hr8656ih_bills-116hr8656ih.pdf
Size
252,187 bytes
SHA-256
fc2a21d4afd0907277caaa01d67d9ed56bdce8938650fa1a6a7b47111225210c
Our copy
BILLS_bills-116hr8656ih_bills-116hr8656ih.pdf
Original
www.govinfo.gov
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