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S. 4807, Hospitality and Commerce Job Recovery Act of 2020

Summary

S. 4807, the Hospitality and Commerce Job Recovery Act of 2020, was introduced in the Senate on October 19, 2020, by Cortez Masto and Cramer and referred to the Committee on Finance. It amends the Internal Revenue Code of 1986 to create a refundable tax credit for travel expenditures. The convention and trade show restart credit equals 50 percent of qualified participation costs, plus, for an eligible provider, 100 percent of qualified restart costs. The bill also bars a credit to an individual for a qualified travel expense if the individual receives a refund or reimbursement for it.

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 116S4807Is Bills 116S4807Is
Case
Bills Bills 116S4807Is Bills 116S4807Is

Cite this document

“S. 4807, Hospitality and Commerce Job Recovery Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4807is-bills-116s4807is/, SHA-256 364f2d07c45c2aee8a91519110f0686d0c22c695e848c672cbb5378aed68ecbf.

Full text

                                                                                                                                                                        II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                             S. 4807
                                                                           To amend the Internal Revenue Code of 1986 to create a refundable tax
                                                                                   credit for travel expenditures, and for other purposes.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                    OCTOBER 19, 2020
                                                                        Ms. CORTEZ MASTO (for herself and Mr. CRAMER) introduced the following
                                                                           bill; which was read twice and referred to the Committee on Finance




                                                                                                               A BILL
                                                                     To amend the Internal Revenue Code of 1986 to create
                                                                        a refundable tax credit for travel expenditures, 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. SHORT TITLE.

                                                                       4               This Act may be cited as the ‘‘Hospitality and Com-
                                                                       5 merce Job Recovery Act of 2020’’.
                                                                       6     SEC. 2. ESTABLISHMENT OF TAX CREDIT TO SUPPORT THE

                                                                       7                             CONVENTION AND TRADE SHOW INDUSTRY.

                                                                       8               (a) IN GENERAL.—For purposes of section 38 of the




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                                                                       9 Internal Revenue Code of 1986, the convention and trade
                                                                     10 show restart credit shall be treated as a credit listed at

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                                                                       1 the end of subsection (b) of such section. For purposes
                                                                       2 of this section, the convention and trade show restart cred-
                                                                       3 it for any taxable year is an amount equal to the sum
                                                                       4 of—
                                                                       5                        (1) 50 percent of the qualified participation
                                                                       6               costs paid or incurred by a taxpayer during such
                                                                       7               taxable year, and
                                                                       8                        (2) in the case of an eligible provider, 100 per-
                                                                       9               cent of the qualified restart costs paid or incurred
                                                                     10                by such provider during such taxable year.
                                                                     11                (b) QUALIFIED PARTICIPATION COSTS.—For pur-
                                                                     12 poses of this section, the term ‘‘qualified participation
                                                                     13 costs’’ means any costs or expenses paid or incurred by
                                                                     14 the taxpayer after December 31, 2020, for any employee
                                                                     15 or officer of the taxpayer to attend a qualified event, in-
                                                                     16 cluding registration fees, lodging, and costs with respect
                                                                     17 to carrying out an exhibition relating to the taxpayer.
                                                                     18 Such term shall not include any costs which are not nec-
                                                                     19 essary for the attendance of such employee or officer at
                                                                     20 such event.
                                                                     21                (c) ELIGIBLE PROVIDER; QUALIFIED RESTART
                                                                     22 COSTS.—In this section—
                                                                     23                         (1) ELIGIBLE PROVIDER.—The term ‘‘eligible
                                                                     24                provider’’ means any person which—



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                                                                       1                                 (A) provides facilities at which a qualified
                                                                       2                        event may be held, or
                                                                       3                                 (B) sponsors or is otherwise responsible for
                                                                       4                        the administration of a qualified event.
                                                                       5                        (2) QUALIFIED                       RESTART          COSTS.—The         term
                                                                       6               ‘‘qualified restart costs’’ means any costs paid or in-
                                                                       7               curred by an eligible provider after December 31,
                                                                       8               2020, in reopening after such date a facility de-
                                                                       9               scribed in paragraph (1)(A) which was closed or
                                                                     10                forced to reduce services due to the virus SARS–
                                                                     11                CoV–2 or coronavirus disease 2019 (referred to in
                                                                     12                this section as ‘‘COVID–19’’), including—
                                                                     13                                  (A) any renovation, remediation, or addi-
                                                                     14                         tional labor and rental costs related to pre-
                                                                     15                         venting individuals present in such facility from
                                                                     16                         contracting COVID–19, and
                                                                     17                                  (B) any testing of employees of the tax-
                                                                     18                         payer or guests of such facility for symptoms of
                                                                     19                         COVID–19.
                                                                     20                (d) QUALIFIED EVENT.—
                                                                     21                         (1) IN GENERAL.—In this section, the term
                                                                     22                ‘‘qualified event’’ means—
                                                                     23                                  (A) a convention, seminar, or similar meet-
                                                                     24                         ing (as such terms are used in section 274 of



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                                                                     25                         the Internal Revenue Code of 1986),


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                                                                       1                                 (B) a business meeting (as such term is
                                                                       2                        used in such section), or
                                                                       3                                 (C) a trade show,
                                                                       4               which takes place after December 31, 2020.
                                                                       5                        (2) TRADE SHOW.—For purposes of this sub-
                                                                       6               section, the term ‘‘trade show’’ means any exhibition
                                                                       7               at which different businesses within a particular in-
                                                                       8               dustry promote their products and services.
                                                                       9               (e) DENIAL OF DOUBLE BENEFIT.—No deduction
                                                                     10 shall be allowed under any provision of chapter 1 of the
                                                                     11 Internal Revenue Code of 1986 with respect to any
                                                                     12 amount taken in account in determining the credit allowed
                                                                     13 to a taxpayer under this section.
                                                                     14                (f) LOCATION REQUIREMENT.—No credit shall be al-
                                                                     15 lowed under this section with respect to any qualified
                                                                     16 event unless such event is held within the United States
                                                                     17 (including any territory or possession of the United
                                                                     18 States).
                                                                     19                (g) PAYROLL CREDIT FOR NONPROFIT EMPLOY-
                                                                     20      ERS.—

                                                                     21                         (1) IN GENERAL.—In the case of an organiza-
                                                                     22                tion which is described in section 501(c) of the In-
                                                                     23                ternal Revenue Code of 1986 and exempt from tax
                                                                     24                under section 501(a) of such Code, the credit deter-



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                                                                     25                mined under this section shall be allowed as a credit


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                                                                       1               against applicable employment taxes paid by such
                                                                       2               organization for calendar quarters in the taxable
                                                                       3               year, and not treated as a credit listed at the end
                                                                       4               of section 38(b) of such Code.
                                                                       5                        (2) LIMITATIONS AND REFUNDABILITY.—
                                                                       6                                 (A) CREDIT                 LIMITED            TO       EMPLOYMENT

                                                                       7                        TAXES.—The                credit allowed by paragraph (1)
                                                                       8                        with respect to calendar quarters in any taxable
                                                                       9                        year shall not exceed the applicable employment
                                                                     10                         taxes (reduced by any credits allowed under
                                                                     11                         subsections (e) and (f) of section 3111 of the
                                                                     12                         Internal Revenue Code of 1986 and sections
                                                                     13                         7001         and         7003          of       the        Families     First
                                                                     14                         Coronavirus Response Act) on the wages paid
                                                                     15                         with respect to the employment of all the em-
                                                                     16                         ployees of the organization for such taxable
                                                                     17                         year.
                                                                     18                                  (B) REFUNDABILITY                          OF EXCESS CRED-

                                                                     19                         IT.—

                                                                     20                                          (i) IN GENERAL.—If the amount of
                                                                     21                                  the credit under paragraph (1) exceeds the
                                                                     22                                  limitation of subparagraph (A) for any cal-
                                                                     23                                  endar quarter, such excess shall be treated
                                                                     24                                  as an overpayment that shall be refunded



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                                                                       1                                 under sections 6402(a) and 6413(b) of the
                                                                       2                                 Internal Revenue Code of 1986.
                                                                       3                                         (ii) TREATMENT OF PAYMENTS.—For
                                                                       4                                 purposes of section 1324 of title 31,
                                                                       5                                 United States Code, any amounts due to
                                                                       6                                 the employer under this paragraph shall be
                                                                       7                                 treated in the same manner as a refund
                                                                       8                                 due from a credit provision referred to in
                                                                       9                                 subsection (b)(2) of such section.
                                                                     10                         (3) APPLICABLE                      EMPLOYMENT                   TAXES.—For

                                                                     11                purposes of this subsection, the term ‘‘applicable em-
                                                                     12                ployment taxes’’ means the following:
                                                                     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                (h) REGULATIONS AND GUIDANCE.—The Secretary
                                                                     20 of the Treasury (or the Secretary’s delegate) may pre-
                                                                     21 scribe such regulations and other guidance as may be ap-
                                                                     22 propriate or necessary to carry out the purposes of this
                                                                     23 section.




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                                                                       1               (i) TERMINATION.—This section shall not apply to
                                                                       2 any costs paid or incurred in taxable years beginning after
                                                                       3 December 31, 2023.
                                                                       4     SEC. 3. IMPROVEMENTS TO EMPLOYEE RETENTION TAX

                                                                       5                             CREDIT.

                                                                       6               (a) INCREASE IN CREDIT PERCENTAGE.—Section
                                                                       7 2301(a) of the CARES Act (Public Law 116–136) is
                                                                       8 amended by striking ‘‘50 percent’’ and inserting ‘‘80 per-
                                                                       9 cent’’.
                                                                     10                (b) INCREASE IN PER EMPLOYEE LIMITATION.—Sec-
                                                                     11 tion 2301(b)(1) of the CARES Act is amended by striking
                                                                     12 ‘‘for all calendar quarters shall not exceed $10,000.’’ and
                                                                     13 inserting ‘‘shall not exceed—
                                                                     14                                  ‘‘(A) $15,000 in any calendar quarter, and
                                                                     15                                  ‘‘(B) $45,000 in the aggregate for all cal-
                                                                     16                         endar quarters.’’.
                                                                     17                (c) MODIFICATION OF THRESHOLD FOR TREATMENT
                                                                     18      AS A LARGE EMPLOYER.—

                                                                     19                         (1) IN GENERAL.—Section 2301(c)(3)(A) of the
                                                                     20                CARES Act is amended—
                                                                     21                                  (A) by striking ‘‘for which the average
                                                                     22                         number of full-time employees (within the
                                                                     23                         meaning of section 4980H of the Internal Rev-
                                                                     24                         enue Code of 1986) employed by such eligible



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                                                                     25                         employer during 2019 was greater than 100’’ in


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                                                                       1                        clause (i) and inserting ‘‘which is a large em-
                                                                       2                        ployer’’, and
                                                                       3                                 (B) by striking ‘‘for which the average
                                                                       4                        number of full-time employees (within the
                                                                       5                        meaning of section 4980H of the Internal Rev-
                                                                       6                        enue Code of 1986) employed by such eligible
                                                                       7                        employer during 2019 was not greater than
                                                                       8                        100’’ in clause (ii) and inserting ‘‘which is not
                                                                       9                        a large employer’’.
                                                                     10                         (2)       LARGE            EMPLOYER                  DEFINED.—Section

                                                                     11                2301(c) of the CARES Act is amended by redesig-
                                                                     12                nating paragraph (6) as paragraph (7) and by in-
                                                                     13                serting after paragraph (5) the following new para-
                                                                     14                graph:
                                                                     15                         ‘‘(6) LARGE EMPLOYER.—The term ‘large em-
                                                                     16                ployer’ means any eligible employer if—
                                                                     17                                  ‘‘(A) the average number of full-time em-
                                                                     18                         ployees (as determined for purposes of section
                                                                     19                         4980H(c)(2) of the Internal Revenue Code of
                                                                     20                         1986) employed by such eligible employer dur-
                                                                     21                         ing calendar year 2019 was greater than 1,500,
                                                                     22                         and
                                                                     23                                  ‘‘(B) the gross receipts (within the mean-
                                                                     24                         ing of section 448(c) of the Internal Revenue



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                                                                     25                         Code of 1986) of such eligible employer during


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                                                                       1                        calendar             year           2019         was            greater   than
                                                                       2                        $41,500,000.’’.
                                                                       3               (d) PHASE-IN OF ELIGIBILITY BASED ON REDUC-
                                                                       4     TION IN GROSS RECEIPTS.—

                                                                       5                        (1) REDUCTION OF DECLINE IN GROSS RE-
                                                                       6               CEIPTS NECESSARY TO QUALIFY FOR CREDIT.—Sec-

                                                                       7               tion 2301(c)(2)(B) of the CARES Act is amended—
                                                                       8                                 (A) by striking ‘‘50 percent’’ in clause (i)
                                                                       9                        and inserting ‘‘90 percent’’, and
                                                                     10                                  (B) by striking ‘‘80 percent’’ in clause (ii)
                                                                     11                         and inserting ‘‘90 percent’’.
                                                                     12                         (2) PHASE-IN OF CREDIT IF REDUCTION IN
                                                                     13                GROSS RECEIPTS IS LESS THAN 50 PERCENT.—Sec-

                                                                     14                tion 2301(c)(2) of the CARES Act is amended by
                                                                     15                adding at the end the following new subparagraph:
                                                                     16                                  ‘‘(D) PHASE-IN OF CREDIT WHERE BUSI-
                                                                     17                         NESS        NOT        SUSPENDED                 AND        REDUCTION       IN

                                                                     18                         GROSS RECEIPTS LESS THAN 50 PERCENT.—

                                                                     19                                          ‘‘(i) IN GENERAL.—In the case of any
                                                                     20                                  calendar quarter with respect to which an
                                                                     21                                  eligible employer would not be an eligible
                                                                     22                                  employer if subparagraph (B)(i) were ap-
                                                                     23                                  plied by substituting ‘50 percent’ for ‘90
                                                                     24                                  percent’, the amount of the credit allowed



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                                                                     25                                  under subsection (a) shall be reduced by


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                                                                       1                                 the amount which bears the same ratio to
                                                                       2                                 the amount of such credit (determined
                                                                       3                                 without regard to this subparagraph) as—
                                                                       4                                                  ‘‘(I) the excess gross receipts per-
                                                                       5                                         centage point amount, bears to
                                                                       6                                                  ‘‘(II) 40 percentage points.
                                                                       7                                         ‘‘(ii) EXCESS GROSS RECEIPTS PER-
                                                                       8                                 CENTAGE POINT AMOUNT.—For                                      purposes
                                                                       9                                 of this subparagraph, the term ‘excess
                                                                     10                                  gross receipts percentage point amount’
                                                                     11                                  means, with respect to any calendar quar-
                                                                     12                                  ter, the excess of—
                                                                     13                                                   ‘‘(I) the lowest of the gross re-
                                                                     14                                          ceipts percentage point amounts with
                                                                     15                                          respect to any calendar quarter occur-
                                                                     16                                          ring during the period described in
                                                                     17                                          clause (iii), over
                                                                     18                                                   ‘‘(II) 50 percentage points.
                                                                     19                                          ‘‘(iii) PERIOD DESCRIBED.—For pur-
                                                                     20                                  poses of applying clause (ii) to any cal-
                                                                     21                                  endar quarter, the period described in this
                                                                     22                                  clause is the period ending with such cal-
                                                                     23                                  endar quarter and beginning with the first
                                                                     24                                  calendar quarter during the period de-



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                                                                     25                                  scribed in subparagraph (B).


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                                                                       1                                         ‘‘(iv) GROSS RECEIPTS PERCENTAGE
                                                                       2                                 POINT AMOUNTS.—For                             purposes of this
                                                                       3                                 subparagraph, the term ‘gross receipts per-
                                                                       4                                 centage point amount’ means, with respect
                                                                       5                                 to any calendar quarter, the percentage
                                                                       6                                 (expressed as a number of percentage
                                                                       7                                 points) obtained by dividing—
                                                                       8                                                  ‘‘(I) the gross receipts (within
                                                                       9                                         the meaning of subparagraph (B)) for
                                                                     10                                          such calendar quarter, by
                                                                     11                                                   ‘‘(II) the gross receipts for the
                                                                     12                                          same calendar quarter in calendar
                                                                     13                                          year 2019.’’.
                                                                     14                         (3) GROSS RECEIPTS OF TAX-EXEMPT ORGANI-
                                                                     15                ZATIONS.—Section 2301(c)(2)(C) of the CARES Act

                                                                     16                is amended—
                                                                     17                                  (A) by striking ‘‘of such Code, clauses (i)
                                                                     18                         and (ii)(I)’’ and inserting of such Code—
                                                                     19                                          ‘‘(i) clauses (i) and (ii)(I)’’,
                                                                     20                                  (B) by striking the period at the end and
                                                                     21                         inserting ‘‘, and’’, and
                                                                     22                                  (C) by adding at the end the following new
                                                                     23                         clause:
                                                                     24                                          ‘‘(ii) any reference in this section to



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                                                                     25                                  gross receipts shall be treated as a ref-


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                                                                       1                                 erence to gross receipts within the meaning
                                                                       2                                 of section 6033 of such Code.’’.
                                                                       3               (e) MODIFICATION                         OF    TREATMENT                  OF     HEALTH
                                                                       4 PLAN EXPENSES.—
                                                                       5                        (1) IN GENERAL.—Section 2301(c)(5) of the
                                                                       6               CARES Act is amended to read as follows:
                                                                       7                        ‘‘(5) WAGES.—
                                                                       8                                 ‘‘(A) IN           GENERAL.—The                        term ‘wages’
                                                                       9                        means wages (as defined in section 3121(a) of
                                                                     10                         the Internal Revenue Code of 1986) and com-
                                                                     11                         pensation (as defined in section 3231(e) of such
                                                                     12                         Code).
                                                                     13                                  ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH
                                                                     14                         PLAN EXPENSES.—

                                                                     15                                          ‘‘(i) IN GENERAL.—Such term shall
                                                                     16                                  include amounts paid or incurred by the el-
                                                                     17                                  igible employer to provide and maintain a
                                                                     18                                  group health plan (as defined in section
                                                                     19                                  5000(b)(1) of the Internal Revenue Code
                                                                     20                                  of 1986), but only to the extent that such
                                                                     21                                  amounts are excluded from the gross in-
                                                                     22                                  come of employees by reason of section
                                                                     23                                  106(a) of such Code.
                                                                     24                                          ‘‘(ii) ALLOCATION RULES.—For pur-



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                                                                     25                                  poses of this section, amounts treated as


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                                                                       1                                 wages under clause (i) shall be treated as
                                                                       2                                 paid with respect to any employee (and
                                                                       3                                 with respect to any period) to the extent
                                                                       4                                 that such amounts are properly allocable to
                                                                       5                                 such employee (and to such period) in such
                                                                       6                                 manner as the Secretary may prescribe.
                                                                       7                                 Except as otherwise provided by the Sec-
                                                                       8                                 retary, such allocation shall be treated as
                                                                       9                                 properly made if made on the basis of
                                                                     10                                  being pro rata among periods of cov-
                                                                     11                                  erage.’’.
                                                                     12                         (2)          CONFORMING                       AMENDMENT.—Section

                                                                     13                2301(c)(3) of the CARES Act is amended by strik-
                                                                     14                ing subparagraph (C).
                                                                     15                (f) QUALIFIED WAGES PERMITTED TO INCLUDE
                                                                     16 AMOUNTS FOR TIP REPLACEMENT.—
                                                                     17                         (1) IN GENERAL.—Section 2301(c)(3)(B) of the
                                                                     18                CARES Act is amended by inserting ‘‘(including tips
                                                                     19                which would have been deemed to be paid by the em-
                                                                     20                ployer under section 3121(q))’’ after ‘‘would have
                                                                     21                been paid’’.
                                                                     22                         (2)          CONFORMING                       AMENDMENT.—Section

                                                                     23                2301(h)(2) of the CARES Act is amended by insert-
                                                                     24                ing ‘‘45B or’’ before ‘‘45S’’.



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                                                                       1               (g) CERTAIN GOVERNMENTAL EMPLOYERS ELIGIBLE
                                                                       2     FOR CREDIT.—

                                                                       3                        (1) IN           GENERAL.—Section                         2301(f) of the
                                                                       4               CARES Act is amended to read as follows:
                                                                       5               ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
                                                                       6                        ‘‘(1) IN GENERAL.—The credit under this sec-
                                                                       7               tion shall not be allowed to the Federal Government
                                                                       8               or any agency or instrumentality thereof.
                                                                       9                        ‘‘(2) EXCEPTION.—Paragraph (1) shall not
                                                                     10                apply to any organization which is described in sec-
                                                                     11                tion 501(c)(1) of the Internal Revenue Code of 1986
                                                                     12                and exempt from tax under section 501(a) of such
                                                                     13                Code.
                                                                     14                         ‘‘(3) SPECIAL RULES.—In the case of any State
                                                                     15                government, Indian tribal government, or any agen-
                                                                     16                cy, instrumentality, or political subdivision of the
                                                                     17                foregoing—
                                                                     18                                  ‘‘(A) clauses (i) and (ii)(I) of subsection
                                                                     19                         (c)(2)(A) shall apply to all operations of such
                                                                     20                         entity, and
                                                                     21                                  ‘‘(B)         subclause               (II)         of          subsection
                                                                     22                         (c)(2)(A)(ii) shall not apply.’’.
                                                                     23                         (2) COORDINATION WITH APPLICATION OF CER-
                                                                     24                TAIN DEFINITIONS.—




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                                                                       1                                 (A) IN GENERAL.—Section 2301(c)(5)(A)
                                                                       2                        of the CARES Act, as amended by the pre-
                                                                       3                        ceding provisions of this Act, is amended by
                                                                       4                        adding at the end the following: ‘‘For purposes
                                                                       5                        of the preceding sentence (other than for pur-
                                                                       6                        poses of subsection (b)(2)), wages as defined in
                                                                       7                        section 3121(a) of the Internal Revenue Code
                                                                       8                        of 1986 shall be determined without regard to
                                                                       9                        paragraphs (1), (5), (6), (7), (8), (10), (13),
                                                                     10                         (18), (19), and (22) of section 3212(b) of such
                                                                     11                         Code (except with respect to services performed
                                                                     12                         in a penal institution by an inmate thereof).’’.
                                                                     13                                  (B)         CONFORMING                   AMENDMENTS.—Sec-

                                                                     14                         tions 2301(c)(6) of the CARES Act is amended
                                                                     15                         by striking ‘‘Any term’’ and inserting ‘‘Except
                                                                     16                         as otherwise provided in this section, any
                                                                     17                         term’’.
                                                                     18                (h) APPLICATION OF CREDIT TO EMPLOYERS OF DO-
                                                                     19      MESTIC WORKERS.—

                                                                     20                         (1) IN GENERAL.—Section 2301(c)(2) of the
                                                                     21                CARES Act, as amended by the preceding provisions
                                                                     22                of this Act, is amended by adding at the end the fol-
                                                                     23                lowing new subparagraph:
                                                                     24                                  ‘‘(E) EMPLOYERS                       OF      DOMESTIC         WORK-




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                                                                       1                        more employees who perform domestic service
                                                                       2                        (within the meaning of section 3121(a)(7) of
                                                                       3                        such Code) in the private home of such em-
                                                                       4                        ployer, with respect to such employees—
                                                                       5                                         ‘‘(i) subparagraph (A) shall be ap-
                                                                       6                                 plied—
                                                                       7                                                  ‘‘(I) by substituting ‘employing
                                                                       8                                         an employee who performs domestic
                                                                       9                                         service in the private home of such
                                                                     10                                          employer’ for ‘carrying on a trade or
                                                                     11                                          business’ in clause (i) thereof, and
                                                                     12                                                   ‘‘(II) by substituting ‘such em-
                                                                     13                                          ployment’ for ‘the operation of the
                                                                     14                                          trade or business described in clause
                                                                     15                                          (i)’ in clause (ii)(I) thereof,
                                                                     16                                                   ‘‘(III) without regard to clause
                                                                     17                                          (ii)(II), and
                                                                     18                                          ‘‘(ii) such employer shall be treated as
                                                                     19                                  a large employer.’’.
                                                                     20                         (2) DENIAL                OF       DOUBLE             BENEFIT.—Section

                                                                     21                2301(h)(2) of the CARES Act, as amended by pre-
                                                                     22                ceding provisions of this Act, is amended—
                                                                     23                                  (A) by striking ‘‘shall not be taken into ac-
                                                                     24                         count for purposes of’’ and inserting shall not



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                                                                     25                         be taken into account—


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                                                                       1                                 ‘‘(A) for purposes of’’,
                                                                       2                                 (B) by striking the period at the end and
                                                                       3                        inserting ‘‘, and’’, and
                                                                       4                                 (C) by adding at the end the following:
                                                                       5                                 ‘‘(B) if such wages are paid for domestic
                                                                       6                        service described in subsection (c)(2)(E), as em-
                                                                       7                        ployment-related expenses for purposes of sec-
                                                                       8                        tion 21 of such Code.
                                                                       9               In the case of any individual who pays wages for do-
                                                                     10                mestic service described in subsection (c)(2)(E) and
                                                                     11                receives a reimbursement for such wages which is
                                                                     12                excludible from gross income under section 129 of
                                                                     13                such Code, such wages shall not be treated as quali-
                                                                     14                fied wages for purposes of this section.’’.
                                                                     15                (i) EFFECTIVE DATE.—The amendments made by
                                                                     16 this section shall take effect as if included in section 2301
                                                                     17 of the CARES Act.
                                                                     18      SEC. 4. REPEAL OF LIMITATION ON ENTERTAINMENT, ETC.

                                                                     19                              EXPENSES RELATED TO TRADE OR BUSINESS.

                                                                     20                (a) IN GENERAL.—Section 274 of the Internal Rev-
                                                                     21 enue Code of 1986 is amended—
                                                                     22                         (1) by redesignating subsection (o) as sub-
                                                                     23                section (p),




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                                                                       1                        (2) by redesignating subsection (l), as added by
                                                                       2               section 13304(c) of Public Law 115–97, as sub-
                                                                       3               section (o), and
                                                                       4                        (3) by moving such subsection (o), as so redes-
                                                                       5               ignated, to the location after subsection (n).
                                                                       6               (b) REPEAL.—The amendments made by subsections
                                                                       7 (a) and (b) of section 13304 of Public Law 115–97 are
                                                                       8 repealed and the provisions of law amended by such sub-
                                                                       9 sections are restored as if such subsections had never been
                                                                     10 enacted.
                                                                     11                (c) CONFORMING AMENDMENT.—Subsection (d) of
                                                                     12 section 13304 of Public Law 115–97 is amended by strik-
                                                                     13 ing ‘‘subsection (o) as subsection (p)’’ in paragraph (1)
                                                                     14 and inserting ‘‘subsections (o) and (p) as subsections (p)
                                                                     15 and (q), respectively’’.
                                                                     16                (d) EFFECTIVE DATE.—
                                                                     17                         (1) IN GENERAL.—The amendments made by
                                                                     18                subsections (a) and (c) and the repeal made by sub-
                                                                     19                section (b) shall take effect on the date of the enact-
                                                                     20                ment of this Act.
                                                                     21                         (2) APPLICATION.—The provisions of law as re-
                                                                     22                stored by subsection (b) shall apply to amounts paid
                                                                     23                or incurred in taxable years ending after the date of
                                                                     24                the enactment of this Act.



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                                                                       1     SEC. 5. ESTABLISHMENT OF TAX CREDIT TO SUPPORT THE

                                                                       2                             RESTAURANT INDUSTRY.

                                                                       3               (a) IN GENERAL.—For purposes of section 38 of the
                                                                       4 Internal Revenue Code of 1986, in the case of an eligible
                                                                       5 taxpayer, the restaurant and dining restart credit shall be
                                                                       6 treated as a credit listed at the end of subsection (b) of
                                                                       7 such section. For purposes of this section, the restaurant
                                                                       8 and dining restart credit for any taxable year is an amount
                                                                       9 equal to the qualified restart costs paid or incurred by the
                                                                     10 eligible taxpayer during the taxable year.
                                                                     11                (b) ELIGIBLE TAXPAYER.—For purposes of this sec-
                                                                     12 tion, the term ‘‘eligible taxpayer’’ means a taxpayer—
                                                                     13                         (1) which owns a trade or business devoted to
                                                                     14                preparation and on-premises consumption of food
                                                                     15                and beverages, or
                                                                     16                         (2) which owns property on which such a trade
                                                                     17                or business operates, if more than 50 percent of the
                                                                     18                square footage of such property is devoted to prepa-
                                                                     19                ration of, and seating for on-premises consumption
                                                                     20                of, prepared meals.
                                                                     21                (c) QUALIFIED RESTART COSTS.—For purposes of
                                                                     22 this section, the term ‘‘qualified restart costs’’ means any
                                                                     23 costs paid or incurred by an eligible taxpayer on or after
                                                                     24 the date of the enactment of this Act in reopening a trade




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                                                                     25 or business or property described in subsection (b), or in-
                                                                     26 creasing meal and beverage services provided by such
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                                                                       1 trade or business or at such property, which was closed
                                                                       2 or forced to reduce services due to the virus SARS–CoV–
                                                                       3 2 or coronavirus disease 2019 (referred to in this section
                                                                       4 as ‘‘COVID–19’’), including—
                                                                       5                        (1) any renovation, remediation, or additional
                                                                       6               labor and rental costs related to preventing individ-
                                                                       7               uals present at such trade or business or on such
                                                                       8               property from contracting COVID–19; and
                                                                       9                        (2) any testing of employees of the eligible tax-
                                                                     10                payer or guests of such trade or business or such
                                                                     11                property for symptoms of COVID–19.
                                                                     12 For purposes of the preceding sentence, a trade or busi-
                                                                     13 ness shall be treated as having reduced services if such
                                                                     14 trade or business reduced hours of operation, number of
                                                                     15 employees or employee hours, or capacity of seating areas,
                                                                     16 closed seating areas, or took any other measures which
                                                                     17 reduced services provided or operations of the trade or
                                                                     18 business as determined by the Secretary of the Treasury.
                                                                     19                (d) DENIAL OF DOUBLE BENEFIT.—No deduction
                                                                     20 shall be allowed under any provision of chapter 1 of the
                                                                     21 Internal Revenue Code of 1986 with respect to any
                                                                     22 amount taken in account in determining the credit allowed
                                                                     23 to a taxpayer under this section.
                                                                     24                (e) REGULATIONS AND GUIDANCE.—The Secretary



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                                                                     25 of the Treasury (or the Secretary’s delegate) may pre-


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                                                                       1 scribe such regulations and other guidance as may be ap-
                                                                       2 propriate or necessary to carry out the purposes of this
                                                                       3 section.
                                                                       4               (f) TERMINATION.—This section shall not apply to
                                                                       5 any costs paid or incurred in taxable years beginning after
                                                                       6 December 31, 2022.
                                                                       7     SEC. 6. CREDIT FOR TRAVEL EXPENDITURES.

                                                                       8               (a) IN GENERAL.—Subpart C of part IV of sub-
                                                                       9 chapter A of chapter 1 of the Internal Revenue Code of
                                                                     10 1986 is amended by inserting after section 36 the fol-
                                                                     11 lowing new section:
                                                                     12      ‘‘SEC. 36A. CREDIT FOR TRAVEL EXPENDITURES.

                                                                     13                ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in-
                                                                     14 dividual who pays or incurs any qualified travel expenses
                                                                     15 during a taxable year, there shall be allowed as a credit
                                                                     16 against the tax imposed by this subtitle for such taxable
                                                                     17 year an amount equal to 50 percent of such expenses.
                                                                     18                ‘‘(b) LIMITATIONS.—
                                                                     19                         ‘‘(1) DOLLAR LIMITATION.—The credit allowed
                                                                     20                under subsection (a) for any taxable year shall not
                                                                     21                exceed the sum of—
                                                                     22                                  ‘‘(A) $1,500 ($750 in the case of a mar-
                                                                     23                         ried individual filing a separate return), plus




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                                                                       1                                 ‘‘(B) $500 for each qualifying child (as de-
                                                                       2                        fined in section 152(c)) of the individual, but
                                                                       3                        not to exceed $1,500.
                                                                       4                        ‘‘(2) LIMITATION BASED ON ADJUSTED GROSS
                                                                       5               INCOME.—

                                                                       6                                 ‘‘(A) IN GENERAL.—The amount allowable
                                                                       7                        as a credit under subsection (a) (after the ap-
                                                                       8                        plication of paragraph (1) and determined with-
                                                                       9                        out regard to this paragraph) for the taxable
                                                                     10                         year shall be reduced (but not below zero) by
                                                                     11                         $2 for every $50 by which the taxpayer’s modi-
                                                                     12                         fied adjusted gross income for such taxable year
                                                                     13                         exceeds $75,000 ($150,000 in the case of a
                                                                     14                         joint return).
                                                                     15                                  ‘‘(B) MODIFIED                      ADJUSTED               GROSS   IN-

                                                                     16                         COME.—The term ‘modified adjusted gross in-

                                                                     17                         come’ means the adjusted gross income of the
                                                                     18                         taxpayer for the taxable year increased by any
                                                                     19                         amount excluded from gross income under sec-
                                                                     20                         tion 911, 931, or 933.
                                                                     21                ‘‘(c) QUALIFIED TRAVEL EXPENSE.—For purposes
                                                                     22 of this section—
                                                                     23                         ‘‘(1) IN GENERAL.—The term ‘qualified travel
                                                                     24                expense’ means any amount paid or incurred for



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                                                                     25                travel within the United States which is at least 50


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                                                                       1               miles from the individual’s home and includes an
                                                                       2               overnight stay, including amounts paid or incurred
                                                                       3               for food and beverages, lodging, recreation, trans-
                                                                       4               portation, amusement or entertainment, including
                                                                       5               live entertainment and sporting events, and gasoline.
                                                                       6                        ‘‘(2) MINIMUM AMOUNT.—Any expense (deter-
                                                                       7               mined by treating all items on a single receipt as 1
                                                                       8               expense) which is less than $25 shall not be taken
                                                                       9               into account under paragraph (1).
                                                                     10                         ‘‘(3) UNITED                    STATES.—The                     term ‘United
                                                                     11                States’ includes the territories and possessions of the
                                                                     12                United States.
                                                                     13                         ‘‘(4) EXCEPTION.—For purposes of paragraph
                                                                     14                (1), amounts paid with respect to a residence or
                                                                     15                other lodging owned by the individual shall not be
                                                                     16                treated as qualified travel expenses.
                                                                     17                ‘‘(d) ELECTION TO CARRY CREDIT TO PRECEDING
                                                                     18 YEAR.—At the election of the taxpayer, any credit allow-
                                                                     19 able under this section for a taxable year may be carried
                                                                     20 back (in its entirety) to the preceding taxable year and
                                                                     21 treated as a credit allowed under this subpart for such
                                                                     22 year.
                                                                     23                ‘‘(e) RESTRICTIONS.—No credit shall be allowed to
                                                                     24 an individual under subsection (a) with respect to a quali-



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                                                                     25 fied travel expense if—


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                                                                       1                        ‘‘(1) the individual receives a refund or reim-
                                                                       2               bursement from any person for the expense,
                                                                       3                        ‘‘(2) a deduction is allowed under section 162
                                                                       4               with respect to the expense,
                                                                       5                        ‘‘(3) a deduction under section 151 with respect
                                                                       6               to individual is allowable to another taxpayer for
                                                                       7               such taxable year, or
                                                                       8                        ‘‘(4) the individual does not attach sufficient
                                                                       9               evidence of the expense, as prescribed by the Sec-
                                                                     10                retary, to the return of tax for such taxable year.
                                                                     11                ‘‘(f) TERMINATION.—This section shall not apply to
                                                                     12 any qualified travel expenses paid or incurred after De-
                                                                     13 cember 31, 2023.’’.
                                                                     14                (b) CLERICAL AMENDMENT.—The table of sections
                                                                     15 for subpart C of part IV of subchapter A of chapter 1
                                                                     16 of the Internal Revenue Code of 1986 is amended by in-
                                                                     17 serting after the item relating to section 36 the following
                                                                     18 new item:
                                                                     19                (c)               CONFORMING                           AMENDMENT.—Section
                                                                     20 6211(b)(4)(A) of the Internal Revenue Code of 1986 is
                                                                     21 amended by inserting ‘‘, 36A’’ after ‘‘36’’.
                                                                     22                (d) EFFECTIVE DATE.—The amendments made by
                                                                     23 this section shall apply to amounts paid or incurred after
                                                                     24 December 31, 2020.



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