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ERTC Repeal Act of 2024

USA118th CongressS-5079| Senate 
| Updated: 9/18/2024
Mitt Romney

Mitt Romney

Republican Senator

Utah

Cosponsors (2)
Thomas Tillis (Republican)Joe Manchin (Independent)

Finance Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
ERTC Repeal Act of 2024 This bill increases the penalty for aiding and abetting the understatement of tax liability with respect to the employee retention tax credit (ERTC) by a COVID-ERTC promoter, extends the time period for assessing and collecting tax attributable to the understatement, and disallows the ERTC after January 31, 2024. Under the bill, a COVID-ERTC promoter may be liable for the greater of $200,000 ($10,000 for a natural person), or 75% of the amount derived from the aid, advice, or assistance related to a COVID-ERTC document that understates a taxpayer’s tax liability. Under current law, the penalty for knowingly aiding and abetting in the understatement of tax liability is $1,000 for an individual return or $10,000 for a corporate return. The bill defines a COVID-ERTC promoter as any individual, trust, estate, partnership, association, company, or corporation that provides aid, assistance, or advice related to a COVID-ERTC document for a contingency fee and with gross receipts derived from providing aid, assistance, or advice related to a COVID-ERTC document exceeding a specified threshold. A COVID-ERTC document is any return, affidavit, claim, or other document associated with a ERTC claim related to COVID. The bill extends the time period for assessing and collecting any tax liability associated with an understatement of tax liability related to the ERTC from five to six years. Finally, under this bill, claims for the ERTC related to COVID must be filed on or before January 31, 2024.
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Timeline
Sep 18, 2024
Introduced in Senate
Sep 18, 2024
Read twice and referred to the Committee on Finance.
  • September 18, 2024
    Introduced in Senate


  • September 18, 2024
    Read twice and referred to the Committee on Finance.

Taxation

Related Bills

  • HR 118-7024: Tax Relief for American Families and Workers Act of 2024
  • HR 118-9738: To increase the penalties applicable to persons facilitate fraud with respect to any COVID-related employee retention credit, and for other purposes.

ERTC Repeal Act of 2024

USA118th CongressS-5079| Senate 
| Updated: 9/18/2024
ERTC Repeal Act of 2024 This bill increases the penalty for aiding and abetting the understatement of tax liability with respect to the employee retention tax credit (ERTC) by a COVID-ERTC promoter, extends the time period for assessing and collecting tax attributable to the understatement, and disallows the ERTC after January 31, 2024. Under the bill, a COVID-ERTC promoter may be liable for the greater of $200,000 ($10,000 for a natural person), or 75% of the amount derived from the aid, advice, or assistance related to a COVID-ERTC document that understates a taxpayer’s tax liability. Under current law, the penalty for knowingly aiding and abetting in the understatement of tax liability is $1,000 for an individual return or $10,000 for a corporate return. The bill defines a COVID-ERTC promoter as any individual, trust, estate, partnership, association, company, or corporation that provides aid, assistance, or advice related to a COVID-ERTC document for a contingency fee and with gross receipts derived from providing aid, assistance, or advice related to a COVID-ERTC document exceeding a specified threshold. A COVID-ERTC document is any return, affidavit, claim, or other document associated with a ERTC claim related to COVID. The bill extends the time period for assessing and collecting any tax liability associated with an understatement of tax liability related to the ERTC from five to six years. Finally, under this bill, claims for the ERTC related to COVID must be filed on or before January 31, 2024.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Sep 18, 2024
Introduced in Senate
Sep 18, 2024
Read twice and referred to the Committee on Finance.
  • September 18, 2024
    Introduced in Senate


  • September 18, 2024
    Read twice and referred to the Committee on Finance.
Mitt Romney

Mitt Romney

Republican Senator

Utah

Cosponsors (2)
Thomas Tillis (Republican)Joe Manchin (Independent)

Finance Committee

Taxation

Related Bills

  • HR 118-7024: Tax Relief for American Families and Workers Act of 2024
  • HR 118-9738: To increase the penalties applicable to persons facilitate fraud with respect to any COVID-related employee retention credit, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted