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S. 4178 (116th Congress) — Credit against employment taxes for certain workplace safety expenses

Summary

S. 4178 was introduced July 2, 2020 by Ms. Sinema (for herself and Mr. Cramer) and referred to the Committee on Finance. It is a bill to provide for a credit against employment taxes for certain workplace safety expenses. Section 1 allows an eligible employer a credit against applicable employment taxes for each calendar quarter equal to 50 percent of qualified expenses. Qualified fixed expenses taken into account may not exceed $500,000 for any quarter beginning in 2020 and $250,000 for any quarter beginning after 2020.

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Issuer
Congressional materials
Document type
Bills Bills 116S4178Is Bills 116S4178Is
Case
Bills Bills 116S4178Is Bills 116S4178Is

Cite this document

“S. 4178 (116th Congress) — Credit against employment taxes for certain workplace safety expenses.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4178is-bills-116s4178is/, SHA-256 58481e911696e68135497d13a85e9e12c02c98071c7b41cc28429a589b19e33c.

Full text

                                                                                                                                                                         II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                              S. 4178
                                                                            To provide for a credit against employment taxes for certain workplace
                                                                                           safety expenses, and for other purposes.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                    JULY 2, 2020
                                                                      Ms. SINEMA (for herself and Mr. CRAMER) introduced the following bill; which
                                                                               was read twice and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                       To provide for a credit against employment taxes for certain
                                                                           workplace safety expenses, and for other purposes.

                                                                        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. TAX CREDIT FOR SAFETY IMPROVEMENTS.

                                                                        4               (a) IN GENERAL.—In the case of an eligible em-
                                                                        5 ployer, there shall be allowed as a credit against applicable
                                                                        6 employment taxes for each calendar quarter an amount
                                                                        7 equal to 50 percent of the qualified expenses paid or in-
                                                                        8 curred by such employer during such calendar quarter.
                                                                        9               (b) LIMITATIONS AND REFUNDABILITY.—



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                                                                        1                       (1) LIMITATION.—The qualified fixed expenses
                                                                        2              which may be taken into account under subsection
                                                                        3              (a) by any eligible employer for any calendar quarter
                                                                        4              shall not exceed—
                                                                        5                                (A) in the case of any calendar quarter be-
                                                                        6                       ginning in 2020, $500,000, and
                                                                        7                                (B) in the case of any calendar quarter be-
                                                                        8                       ginning after 2020, $250,000.
                                                                        9                       (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
                                                                     10                TAXES.—The credit allowed by subsection (a) with

                                                                     11                respect to any calendar quarter shall not exceed the
                                                                     12                applicable employment taxes for such calendar quar-
                                                                     13                ter (reduced by any credits allowed under sub-
                                                                     14                sections (e) and (f) of section 3111 of such Code,
                                                                     15                sections 7001 and 7003 of the Families First
                                                                     16                Coronavirus Response Act, and section 2301 of the
                                                                     17                CARES Act, for such quarter) on the wages paid
                                                                     18                with respect to the employment of all the employees
                                                                     19                of the eligible employer for such calendar quarter.
                                                                     20                         (3) REFUNDABILITY OF EXCESS CREDIT.—
                                                                     21                                  (A) IN GENERAL.—If the amount of the
                                                                     22                         credit under subsection (a) exceeds the limita-
                                                                     23                         tion of paragraph (2) for any calendar quarter,
                                                                     24                         such excess shall be treated as an overpayment



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                                                                     25                         that shall be refunded under sections 6402(a)


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                                                                        1                       and 6413(b) of the Internal Revenue Code of
                                                                        2                       1986.
                                                                        3                                (B) TREATMENT OF PAYMENTS.—For pur-
                                                                        4                       poses of section 1324 of title 31, United States
                                                                        5                       Code, any amounts due to an employer under
                                                                        6                       this paragraph shall be treated in the same
                                                                        7                       manner as a refund due from a credit provision
                                                                        8                       referred to in subsection (b)(2) of such section.
                                                                        9              (c) DEFINITIONS.—For purposes of this section—
                                                                     10                         (1) APPLICABLE                      EMPLOYMENT                   TAXES.—The

                                                                     11                term ‘‘applicable employment taxes’’ means the fol-
                                                                     12                lowing:
                                                                     13                                  (A) The taxes imposed under section
                                                                     14                         3111(a) of the Internal Revenue Code of 1986.
                                                                     15                                  (B) So much of the taxes imposed under
                                                                     16                         section 3221(a) of such Code as are attrib-
                                                                     17                         utable to the rate in effect under section
                                                                     18                         3111(a) of such Code.
                                                                     19                         (2) ELIGIBLE EMPLOYER.—
                                                                     20                                  (A) IN GENERAL.—The term ‘‘eligible em-
                                                                     21                         ployer’’ means any employer—
                                                                     22                                          (i) which was carrying on a trade or
                                                                     23                                  business at any time during calendar quar-
                                                                     24                                  ter, and



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                                                                        1                                        (ii) which has not more than 2,000
                                                                        2                                full-time equivalent employees (within the
                                                                        3                                meaning of section 45R(d)(2) of the Inter-
                                                                        4                                nal Revenue Code of 1986) for the taxable
                                                                        5                                year.
                                                                        6                                (B) TAX-EXEMPT ORGANIZATIONS.—In the
                                                                        7                       case of an organization which is described in
                                                                        8                       section 501(c) of the Internal Revenue Code of
                                                                        9                       1986 and exempt from tax under section 501(a)
                                                                     10                         of such Code, subparagraph (A)(i) shall apply
                                                                     11                         to all operations of such organization.
                                                                     12                         (3) QUALIFIED EXPENSES.—For purposes of
                                                                     13                this section—
                                                                     14                                  (A) IN GENERAL.—The term ‘‘qualified ex-
                                                                     15                         penses’’ means any amount paid or incurred
                                                                     16                         after February 1, 2020, for—
                                                                     17                                          (i) qualified equipment and services
                                                                     18                                  for the purposes of preventing infection re-
                                                                     19                                  lated to SARS–CoV–2, or
                                                                     20                                          (ii) the reconfiguration of facilities for
                                                                     21                                  such purposes, or
                                                                     22                                          (iii) qualified education and training
                                                                     23                                  of employees for new business procedures
                                                                     24                                  related to preventing COVID–19 trans-



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                                                                     25                                  mission.


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                                                                        1                                (B) QUALIFIED                      EQUIPMENT AND SERV-

                                                                        2                       ICES.—The                term ‘‘qualified equipment and
                                                                        3                       services’’ means—
                                                                        4                                        (i) any product or material which—
                                                                        5                                                 (I) serves as personal protective
                                                                        6                                        equipment or as a barrier erected to
                                                                        7                                        prevent virus spread between cus-
                                                                        8                                        tomers             and         employees,              including
                                                                        9                                        plexiglass installed at cashiers and
                                                                     10                                          other counters, and partitions to sepa-
                                                                     11                                          rate customers,
                                                                     12                                                   (II) is a disinfectant product reg-
                                                                     13                                          istered by the Administrator of the
                                                                     14                                          Environmental Protection Agency for
                                                                     15                                          which the Administrator of the Envi-
                                                                     16                                          ronmental Protection Agency has ap-
                                                                     17                                          proved an emerging viral pathogen
                                                                     18                                          claim that applies with respect to use
                                                                     19                                          against SARS–CoV–2,
                                                                     20                                                   (III) is a thermometer, or
                                                                     21                                                   (IV) is approved by the Food and
                                                                     22                                          Drug Administration for testing for
                                                                     23                                          COVID–19 (including diagnosic test-
                                                                     24                                          ing and serology testing to detect



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                                                                     25                                          antibodies) by the eligible employer, in


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                                                                        1                                        conjunction                     with           a        certified
                                                                        2                                        diagnostics laboratory or health care
                                                                        3                                        provider,
                                                                        4                                        (ii) any—
                                                                        5                                                 (I) contactless point-of-sale sys-
                                                                        6                                        tem,
                                                                        7                                                 (II) new software and technology
                                                                        8                                        to       assist            in      maintaining            social
                                                                        9                                        distancing,
                                                                     10                                                   (III) application for reporting
                                                                     11                                          employee               symptom                 or      providing
                                                                     12                                          wellness checks, and
                                                                     13                                                   (IV) property used to enable
                                                                     14                                          curbside pickup or delivery services,
                                                                     15                                          (iii) hand sanitizer,
                                                                     16                                          (iv) any sign related to public health
                                                                     17                                  awareness, social distancing, or altered
                                                                     18                                  services such as curbside pickups, and
                                                                     19                                          (v) services for—
                                                                     20                                                   (I) cleaning and disinfecting, or
                                                                     21                                                   (II) testing for COVID–19 by a
                                                                     22                                          certified diagnostics laboratory, and
                                                                     23                                          (vi) such other equipment or tech-
                                                                     24                                  nology as determined by the Secretary, in



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                                                                     25                                  consultation with the Secretary of Labor,


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                                                                        1                                the Secretary of Health and Human Serv-
                                                                        2                                ices, the Director of the Centers for Dis-
                                                                        3                                ease Control and Prevention, the Commis-
                                                                        4                                sioner of the Food and Drug Administra-
                                                                        5                                tion, the Secretary of Veterans Affairs, the
                                                                        6                                Secretary of Defense, and the Secretary of
                                                                        7                                Agriculture, determines is necessary and
                                                                        8                                appropriate for preventing COVID–19 and
                                                                        9                                is recommended as part of the Federal
                                                                     10                                  government’s recommendations for safe
                                                                     11                                  workplaces.
                                                                     12                         Such term shall not include any equipment
                                                                     13                         which is not for use in the United States or any
                                                                     14                         service which is not conducted in the United
                                                                     15                         States.
                                                                     16                                  (C) QUALIFIED EDUCATION AND TRAIN-
                                                                     17                         ING.—The term ‘‘qualified education and train-

                                                                     18                         ing’’ means education or training provided by
                                                                     19                         an accredited training institution, an industry-
                                                                     20                         recognized trade association, or another non-
                                                                     21                         profit entity.
                                                                     22                         (4) SECRETARY.—The term ‘‘Secretary’’ means
                                                                     23                the Secretary of the Treasury or the Secretary’s del-
                                                                     24                egate.



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                                                                        1              (d) AGGREGATION RULE.—All persons treated as a
                                                                        2 single employer under subsection (a) or (b) of section 52
                                                                        3 of the Internal Revenue Code of 1986, or subsection (m)
                                                                        4 or (o) of section 414 of such Code, shall be treated as
                                                                        5 one employer for purposes of this section.
                                                                        6              (e) DENIAL OF DOUBLE BENEFIT.—For purposes of
                                                                        7 chapter 1 of such Code, the gross income of any eligible
                                                                        8 employer, for the taxable year which includes the last day
                                                                        9 of any calendar quarter with respect to which a credit is
                                                                     10 allowed under this section, shall be increased by the
                                                                     11 amount of such credit.
                                                                     12                (f) ELECTION NOT TO HAVE SECTION APPLY.—This
                                                                     13 section shall not apply with respect to any eligible em-
                                                                     14 ployer for any calendar quarter if such employer elects (at
                                                                     15 such time and in such manner as the Secretary may pre-
                                                                     16 scribe) not to have this section apply.
                                                                     17                (g) TRANSFERS TO CERTAIN TRUST FUNDS.—There
                                                                     18 are hereby appropriated to the Federal Old-Age and Sur-
                                                                     19 vivors Insurance Trust Fund and the Federal Disability
                                                                     20 Insurance Trust Fund established under section 201 of
                                                                     21 the Social Security Act (42 U.S.C. 401) and the Social
                                                                     22 Security Equivalent Benefit Account established under
                                                                     23 section 15A(a) of the Railroad Retirement Act of 1974
                                                                     24 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in



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                                                                     25 revenues to the Treasury by reason of this section (without


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                                                                        1 regard to this subsection). Amounts appropriated by the
                                                                        2 preceding sentence shall be transferred from the general
                                                                        3 fund at such times and in such manner as to replicate
                                                                        4 to the extent possible the transfers which would have oc-
                                                                        5 curred to such Trust Fund or Account had this section
                                                                        6 not been enacted.
                                                                        7              (h) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                        8 waive any penalty under section 6656 of such Code for
                                                                        9 any failure to make a deposit of applicable employment
                                                                     10 taxes if the Secretary determines that such failure was due
                                                                     11 to the anticipation of the credit allowed under this section.
                                                                     12                (i) REGULATIONS AND GUIDANCE.—The Secretary
                                                                     13 shall issue such forms, instructions, regulations, and guid-
                                                                     14 ance as are necessary—
                                                                     15                         (1) to allow the advance payment of the credit
                                                                     16                under subsection (a), subject to the limitations pro-
                                                                     17                vided in this section, based on such information as
                                                                     18                the Secretary shall require,
                                                                     19                         (2) to provide for the reconciliation of such ad-
                                                                     20                vance payment with the amount of the credit at the
                                                                     21                time of filing the return of tax for the applicable
                                                                     22                quarter or taxable year,
                                                                     23                         (3) with respect to the application of the credit
                                                                     24                under subsection (a) to third-party payors (including



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                                                                     25                professional employer organizations, certified profes-


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                                                                        1              sional employer organizations, or agents under sec-
                                                                        2              tion 3504 of the Internal Revenue Code of 1986),
                                                                        3              including regulations or guidance allowing such
                                                                        4              payors to submit documentation necessary to sub-
                                                                        5              stantiate the eligible employer status of employers
                                                                        6              that use such payors,
                                                                        7                       (4) for recapturing the benefit of credits deter-
                                                                        8              mined under this section in cases where there is a
                                                                        9              subsequent adjustment to the credit determined
                                                                     10                under subsection (a), and
                                                                     11                         (5) for providing the benefit of the credit under
                                                                     12                subsection (a) to taxpayers who have already filed
                                                                     13                returns for calendar quarters ending before the date
                                                                     14                of the enactment of this Act.
                                                                     15                (j) APPLICATION OF SECTION.—This section shall
                                                                     16 apply only to qualified fixed expenses paid or accrued in
                                                                     17 calendar quarters ending on or after February 1, 2020,
                                                                     18 and beginning before January 1, 2022.
                                                                                                                                Æ




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