To increase the penalties applicable to persons facilitate fraud with respect to any COVID-related employee retention credit, and for other purposes.

10/7/2024, 12:18 PM

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. 

Bill 118 hr 9738 aims to increase the penalties for individuals who commit fraud related to the COVID-19 employee retention credit. This credit was established to help businesses retain employees during the pandemic, but some individuals have been taking advantage of the system by committing fraud.

The bill seeks to deter this fraudulent behavior by increasing the penalties for those who facilitate fraud with respect to the employee retention credit. By imposing stricter penalties, the hope is that individuals will think twice before engaging in fraudulent activities related to this credit.

In addition to increasing penalties, the bill also includes provisions for other purposes related to combating fraud in relation to the employee retention credit. This could include measures to improve oversight and enforcement of the credit, as well as additional resources for investigating and prosecuting cases of fraud. Overall, Bill 118 hr 9738 is aimed at protecting the integrity of the COVID-19 employee retention credit and ensuring that it is used as intended to help businesses retain employees during these challenging times.
Congress
118

Number
HR - 9738

Introduced on
2024-09-20

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

9/20/2024

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

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. 

Bill 118 hr 9738 aims to increase the penalties for individuals who commit fraud related to the COVID-19 employee retention credit. This credit was established to help businesses retain employees during the pandemic, but some individuals have been taking advantage of the system by committing fraud.

The bill seeks to deter this fraudulent behavior by increasing the penalties for those who facilitate fraud with respect to the employee retention credit. By imposing stricter penalties, the hope is that individuals will think twice before engaging in fraudulent activities related to this credit.

In addition to increasing penalties, the bill also includes provisions for other purposes related to combating fraud in relation to the employee retention credit. This could include measures to improve oversight and enforcement of the credit, as well as additional resources for investigating and prosecuting cases of fraud. Overall, Bill 118 hr 9738 is aimed at protecting the integrity of the COVID-19 employee retention credit and ensuring that it is used as intended to help businesses retain employees during these challenging times.
Alternative Names
Official Title as IntroducedTo increase the penalties applicable to persons facilitate fraud with respect to any COVID-related employee retention credit, and for other purposes.

Comments

APPROVED
NC
Nova Clarke
@sharena_sol_fruit_bread_glendronach51669
I think this bill is good for the country, but who does it really help? #confused

Recent Activity

Latest Summary11/26/2024

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...


Latest Action9/20/2024
Referred to the House Committee on Ways and Means.