S 5079 · 118th Congress 2023–2025, ended

ERTC Repeal Act of 2024

Fact sheet

Latest action · Sep 18, 2024 Read twice and referred to the Committee on Finance.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 18, 2024
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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. 

Cosponsors 2

Members who signed on, in the order they did. All signed on Sep 18, 2024.

SeatCosponsorSigned on
I-WVJoe Manchin IIIOriginalSep 18, 2024
R-NCThom TillisOriginalSep 18, 2024

Actions 2

Everything that happened, newest first.

  1. Sep 18, 2024Introduced in Senate
  2. Sep 18, 2024Read twice and referred to the Committee on Finance.

Related bills 2

Companion bills and other measures the record links to this one.

Subjects

Assigned by the Library of Congress. Policy area: Taxation.

Text 1

Each version as it was printed, newest first.

  1. Sep 18, 2024Introduced in Senate

Support LegiList

This page is free, carries no paywall, and is built and maintained by one person. If the record here is useful to you, a few dollars keeps it going.

Processed by Stripe in a separate window. LegiList never sees card details.

Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.