HR1306-119

1. Short title This Act may be cited as the Tax Fairness for Survivors Act.

2. Exempting from Federal income taxation payments allocable to sexual assault or sexual harassment claims Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: In the case of an individual, gross income shall not include any amount received as a judgment, award, or settlement (including backpay, frontpay, punitive damages, reimbursement of attorney’s fees, or any payments made in connection with a release of claims or to resolve or settle claims) whether by lump sum or periodic payments from— a claim involving the individual as the victim of an alleged nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18, United States Code, or similar applicable Tribal, State, or local law, including when the victim lacks capacity to consent, or a claim involving conduct that is alleged to constitute sexual harassment of the individual under applicable Federal, Tribal, State, or local law. The Secretary shall prescribe such regulations and other guidance as are necessary to carry out the purposes of section, including regulations and other guidance to distinguish amounts received in connection with a claim described in subsection (a) from other amounts received. Section 3121(a) of such Code is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ; or, and by inserting after paragraph (23) the following new paragraph: any amount received which is excludable from the gross income of the employee under section 139J. Section 3231(e) of such Code is amended by adding at the end the following new paragraph: The term compensation shall not include any amount received which is excludable from the gross income of the employee under section 139J. Section 3306(b) of such Code is amended by striking or at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting , or, and by inserting after paragraph (20) the following new paragraph: any amount received which is excludable from the gross income of the employee under section 139J. Section 3401 of such Code is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting , or, and by inserting after paragraph (23) the following new paragraph: any amount received which is excludable from the gross income of the employee under section 139J. The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item: The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 139J.Amounts received as judgments, awards, and settlements with respect to sexual assault or sexual harassment claims(a)In generalIn the case of an individual, gross income shall not include any amount received as a judgment, award, or settlement (including backpay, frontpay, punitive damages, reimbursement of attorney’s fees, or any payments made in connection with a release of claims or to resolve or settle claims) whether by lump sum or periodic payments from—(1)a claim involving the individual as the victim of an alleged nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18, United States Code, or similar applicable Tribal, State, or local law, including when the victim lacks capacity to consent, or(2)a claim involving conduct that is alleged to constitute sexual harassment of the individual under applicable Federal, Tribal, State, or local law.(b)RegulationsThe Secretary shall prescribe such regulations and other guidance as are necessary to carry out the purposes of section, including regulations and other guidance to distinguish amounts received in connection with a claim described in subsection (a) from other amounts received.. (24)any amount received which is excludable from the gross income of the employee under section 139J. . (13)Amounts received as judgments, awards, and settlements with respect to sexual assault or sexual harassment claimsThe term compensation shall not include any amount received which is excludable from the gross income of the employee under section 139J.. (21)any amount received which is excludable from the gross income of the employee under section 139J.. (24)any amount received which is excludable from the gross income of the employee under section 139J.. Sec. 139J. Amounts received as judgments, awards, and settlements with respect to sexual assault or sexual harassment claims..

139J. Amounts received as judgments, awards, and settlements with respect to sexual assault or sexual harassment claims In the case of an individual, gross income shall not include any amount received as a judgment, award, or settlement (including backpay, frontpay, punitive damages, reimbursement of attorney’s fees, or any payments made in connection with a release of claims or to resolve or settle claims) whether by lump sum or periodic payments from— a claim involving the individual as the victim of an alleged nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18, United States Code, or similar applicable Tribal, State, or local law, including when the victim lacks capacity to consent, or a claim involving conduct that is alleged to constitute sexual harassment of the individual under applicable Federal, Tribal, State, or local law. The Secretary shall prescribe such regulations and other guidance as are necessary to carry out the purposes of section, including regulations and other guidance to distinguish amounts received in connection with a claim described in subsection (a) from other amounts received.