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COVID-19 and Direct Payments to Individuals: Comparison of Recent Proposals for a Second Round of Payments (IN11513, Version 3, Updated October 2, 2020)

Summary

Insight IN11513, Version 3, of the Congressional Research Service, updated October 2, 2020, comparing proposals for a second round of direct payments to individuals. The CARES Act payments, signed March 27, 2020, were $1,200 per eligible individual ($2,400 for most married couples) plus $500 per eligible child. The proposals are the Heroes Act (H.R. 6800), passed by the House on May 15, 2020; the American Workers, Families, and Employers Assistance Act (S. 4318), introduced July 27, 2020 as part of the HEALS Act; and the revised Heroes Act (H.R. 8406), passed by the House on October 1, 2020. All would structure payments as a one-time refundable tax credit for 2020.

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                                                                                               INSIGHTi



COVID-19 and Direct Payments to
Individuals: Comparison of Recent Proposals
for a Second Round of Payments

Updated October 2, 2020
The CARES Act (P.L. 116-136), signed into law on March 27, 2020, included direct payments to
individuals. These payments, most of which have already been issued, were equal to $1,200 per eligible
individual ($2,400 for most married couples), with an additional $500 per eligible child. The payments
phase down for higher-income households. (For more information on the CARES Act payments, see the
CRS resource guide.)
The following subsequent legislative proposals would provide a second round of payments:
     the Heroes Act (H.R. 6800), which passed the House on May 15, 2020;
     the American Workers, Families, and Employers Assistance Act (S. 4318), which was
      introduced in the Senate on July 27, 2020 (S. 4318 is one component of what has been
      referred to as the HEALS Act); and
     the “revised version” of the Heroes Act (H.R. 8406), introduced on September 29, 2020.
      The House passed the revised version of the Heroes Act on October 1, 2020, as a House
      amendment to the Senate amendment to H.R. 925.
Table 1 provides a summary of the major provisions of these proposed second rounds of payments.
Although these proposals differ, there are several major similarities. First, as with the CARES Act
payments, all the proposals for a second round of payments nominally structure them as a new one-time
refundable tax credit for 2020 that would be automatically issued this year, as opposed to 2021 (when
taxpayers will file their 2020 income tax returns). The IRS would determine payment amounts based on
2019 tax return data, or if unavailable, 2018 income tax return data. Second, recipients of Social Security,
Supplemental Security Income (SSI), Railroad Retirement, or certain VA benefits who have not filed a
recent federal income tax return would be eligible to receive these payments automatically. Third, as with
any tax credit, these payments would not count as income or resources for a 12-month period in
determining eligibility for, or the amount of assistance provided by, any federally funded public benefit
program. Finally, these payments would not be taxable.

                                                                          Congressional Research Service
                                                                           https://crsreports.congress.gov
                                                                                                   IN11513

CRS INSIGHT
Prepared for Members and
Committees of Congress
    Congressional Research Service                                                                                            2




              Table 1. Major Provisions of Direct Payments in Recent Legislative Proposals
                  First Round of                                Proposed Second Round of Direct Payments
                  Payments in the
                  CARES Act                        Heroes Act                       HEALS                “Revised” Heroes Act
                  (P.L. 116-136)                   (H.R. 6800)                     (S. 4318)                  (H.R. 8406)

Payment           $1,200 payments for       Same as CARES Act             Same as CARES Act             Same as CARES Act
amount            eligible individuals
                  ($2,400 for married
                  joint filers).


                  Additional $500 for       Additional $1,200 for each    Additional $500 for each      Additional $500 for each
                  each dependent child      dependent, including older    dependent, including older    dependent, including older
                  under 17 years old (as    children and adult            children and adult            children and adult
                  defined for the child     dependents, up to a           dependents.                   dependents.
                  credit).                  maximum of three
                                            dependents.
Phaseout          Total payment amount      Same as CARES Act             Same as CARES Act             Same as CARES Act
                  phases out by 5% of
                  adjusted gross income
                  over thresholds:
                  $75,000 singles
                  $112,500 heads of
                  households
                  $150,000 married joint
                  filers

Eligibility       Everyone except:          Same as CARES Act             Everyone except:              Same as CARES Act
                     Nonresident                                            Nonresident aliens
                      aliens                                                 Dependents of other
                     Dependents of                                           taxpayers
                      other taxpayers                                        Individuals who died
                                                                              before January 1, 2020
                                                                             Incarcerated
                                                                              individuals as defined
                                                                              under 42 U.S.C.
                                                                              402(x)(1)(A) a


                  Dependents eligible for   Dependents eligible for       Dependents eligible for       Dependents eligible for
                  $500 amount are           $1,200 payment are those      $500 amount are those         $500 payment are those
                  those defined under       defined for the dependent     defined for the dependent     defined for the dependent
                  IRC §24(c) for the        exemption. In other words,    exemption. In other words,    exemption. In other words,
                  child tax credit.         all qualifying children and   all qualifying children and   all qualifying children and
                                            qualifying relatives.         qualifying relatives.         qualifying relatives.
   Congressional Research Service                                                                                                3




ID               All eligible individuals   All eligible individuals and    Same as CARES Act              All eligible individuals and
requirement      and qualifying children    qualifying children must                                       qualifying children must
                 must have a work-          have a SSN or ITIN for the                                     have a SSN or ITIN for the
                 authorized Social          household to receive the                                       household to receive the
                 Security Number            payment.b                                                      payment.b
                 (SSN) for the
                 household to receive a
                 payment.b

                 Households in which
                 at least one otherwise
                 eligible individual does
                 not have an SSN—and
                 instead uses an
                 Individual Taxpayer
                 Identification Number
                 (ITIN)—are ineligible
                 for the payments.
                 (Exception for certain
                 married members of
                 the Armed Forces.)

                 ITINs are issued by the
                 Internal Revenue
                 Service (IRS) to
                 taxpayers who are not
                 eligible for a SSN so
                 that they can comply
                 with federal tax law.
                 ITIN users include
                 many noncitizens who
                 are unlawfully present
                 or unauthorized to
                 work in the United
                 States.
Offset and       The CARES Act              Same as CARES Act, except       Same as CARES Act              Same as CARES Act, except
Reduction for    payments cannot be         these payments cannot be                                       these payments cannot be
Past-Due         offset (reduced before     offset for child support                                       offset for child support
Debts            being issued) to satisfy   debt.                                                          debt.
                 certain debts owed to
                 governmental agencies,
                 such as tax debts or
                 unemployment
                 compensation debts.
                 These payments can be
                 offset for child support
                 debt.
                                            In addition, these payments     In addition, these payments    In addition, these payments
                                            would, with certain             would be generally exempt      would be generally exempt
                                            exceptions, be exempt from      from debt collection           from debt collection
                                            debt collection actions, such   actions, such as garnishment   actions, such as garnishment
                                            as garnishment or levy, that    or levy, that occur once       or levy, that occur once
                                            occur once payment are in       payments are in accounts       payments are in accounts
                                            accounts (i.e., after           (i.e., after payments are      (i.e., after payments are
                                            payments are issued).           issued).                       issued).




                                                IN11513 · VERSION 3 · UPDATED
   Congressional Research Service                                                                                                   4




Modifications    NA                        Yes                             Yes                            No
to CARES Act
payments

       Sources: CRS analysis of H.R. 8406 as introduced September 29, 2020, S. 4318 as introduced on July 27, 2020, the
       Heroes Act (H.R. 6800) as passed by House on May 15, 2020, and the CARES Act (P.L. 116-136).
       Notes: Estates and trusts are ineligible to receive the CARES Act payments, and would also be ineligible under the three
       proposals. Under all three proposals, the payments would be extended to the U.S. territories in a manner similar to
       CARES Act payments.
       a.   These individuals would also be ineligible to receive these payments as a tax credit claimed on their 2020 income tax
            returns if they were considered incarcerated (as defined under 42 U.S.C. 402(x)(1)(A)) for all of 2020.
       b.   Adoption taxpayer IDs (ATINs) could also be used for adopted children.




   Author Information

   Margot L. Crandall-Hollick
   Acting Section Research Manager




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                                                 IN11513 · VERSION 3 · UPDATED


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