HR4548-119

2. Retirement credits made available to tax-exempt small employers Section 45E of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: In the case of a tax-exempt eligible employer, there shall be treated as a credit allowed under section 3111(g), and not as a credit determined under subsection (a), an amount equal to the lesser of— the amount of the credit determined under this section (without regard to this subsection) with respect to such employer, or the amount of payroll tax paid by the employer during the calendar year in which the taxable year begins. For purposes of this subsection— The term tax-exempt eligible employer means an eligible employer which is described in section 501(c) and exempt from taxation under section 501(a). The term payroll tax means the tax imposed by section 3111(a). A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of determining the payroll tax paid by an employer. Section 45T of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: In the case of a tax-exempt eligible employer, there shall be treated as a credit allowed under section 3111(g), and not as a credit determined under subsection (a), an amount equal to the lesser of— the amount of the credit determined under this section (without regard to this subsection) with respect to such employer, or the amount of payroll tax paid by the employer during the calendar year in which the taxable year begins. For purposes of this subsection— The term tax-exempt eligible employer means an eligible employer which is described in section 501(c) and exempt from taxation under section 501(a). The term payroll tax means the tax imposed by section 3111(a). A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of determining the payroll tax paid by an employer. Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: In the case of a tax-exempt eligible employer to which section 45E(g) or section 45T(d) applies, there shall be allowed as a credit against the tax imposed by subsection (a) for calendar quarters in an applicable year an amount equal to the amount determined under section 45E(g)(1) or section 45T(d)(1), whichever is applicable. The aggregate amount allowed as a credit under this subsection for the calendar quarters in any year shall not exceed the amount of the tax imposed by subsection (a) on wages paid with respect to the employment of all employees of the employer during such year, determined by applying a rule similar to the rule of section 24(d)(2)(C). For purposes of this subsection— The term tax-exempt eligible employer means an eligible employer which is described in section 501(c) and exempt from taxation under section 501(a). The term applicable year means the calendar year referred to in section 45E(g)(1)(B) or section 45T(d)(1)(B), whichever is applicable. The amendments made by this section shall apply to taxable years beginning after December 31, 2024. There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a), (b), and (c). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (g)Credit made available to tax-Exempt eligible employers (1)In generalIn the case of a tax-exempt eligible employer, there shall be treated as a credit allowed under section 3111(g), and not as a credit determined under subsection (a), an amount equal to the lesser of— (A)the amount of the credit determined under this section (without regard to this subsection) with respect to such employer, or (B)the amount of payroll tax paid by the employer during the calendar year in which the taxable year begins. (2)DefinitionsFor purposes of this subsection— (A)Tax-exempt eligible employerThe term tax-exempt eligible employer means an eligible employer which is described in section 501(c) and exempt from taxation under section 501(a). (B)Payroll tax (i)In generalThe term payroll tax means the tax imposed by section 3111(a). (ii)Special ruleA rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of determining the payroll tax paid by an employer.. (d)Credit made available to tax-Exempt eligible employers (1)In generalIn the case of a tax-exempt eligible employer, there shall be treated as a credit allowed under section 3111(g), and not as a credit determined under subsection (a), an amount equal to the lesser of— (A)the amount of the credit determined under this section (without regard to this subsection) with respect to such employer, or (B)the amount of payroll tax paid by the employer during the calendar year in which the taxable year begins. (2)DefinitionsFor purposes of this subsection— (A)Tax-exempt eligible employerThe term tax-exempt eligible employer means an eligible employer which is described in section 501(c) and exempt from taxation under section 501(a). (B)Payroll tax (i)In generalThe term payroll tax means the tax imposed by section 3111(a). (ii)Special ruleA rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of determining the payroll tax paid by an employer.. (g)Credit for certain plans of tax-Exempt employers (1)In generalIn the case of a tax-exempt eligible employer to which section 45E(g) or section 45T(d) applies, there shall be allowed as a credit against the tax imposed by subsection (a) for calendar quarters in an applicable year an amount equal to the amount determined under section 45E(g)(1) or section 45T(d)(1), whichever is applicable. (2)LimitationThe aggregate amount allowed as a credit under this subsection for the calendar quarters in any year shall not exceed the amount of the tax imposed by subsection (a) on wages paid with respect to the employment of all employees of the employer during such year, determined by applying a rule similar to the rule of section 24(d)(2)(C). (3)DefinitionsFor purposes of this subsection— (A)Tax-exempt eligible employerThe term tax-exempt eligible employer means an eligible employer which is described in section 501(c) and exempt from taxation under section 501(a). (B)Applicable yearThe term applicable year means the calendar year referred to in section 45E(g)(1)(B) or section 45T(d)(1)(B), whichever is applicable..