Old-age, survivors, and disability insurance
In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 6.2 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)).
Hospital insurance
In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 1.45 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)).
Relief from taxes in cases covered by certain international agreements
During any period in which there is in effect an agreement entered into pursuant to section 233 of the Social Security Act with any foreign country, wages received by or paid to an individual shall be exempt from the taxes imposed by this section to the extent that such wages are subject under such agreement exclusively to the laws applicable to the social security system of such foreign country.
Pub. L. 115–141, div. U, title IV, § 401(b)(34)132 Stat. 1204 Repealed. , , ]
Credit for employment of qualified veterans
In general
If a qualified tax-exempt organization hires a qualified veteran with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization, then there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to employment of all employees of the organization during the applicable period an amount equal to the credit determined under section 51 (after application of the modifications under paragraph (3)) with respect to wages paid to such qualified veteran during such period.
Overall limitation
The aggregate amount allowed as a credit under this subsection for all qualified veterans for any period with respect to which tax is imposed under subsection (a) shall not exceed the amount of the tax imposed by subsection (a) on wages paid with respect to employment of all employees of the organization during such period.
Modifications
Applicable period
The term “applicable period” means, with respect to any qualified veteran, the 1-year period beginning with the day such qualified veteran begins work for the organization.
Definitions
Credit for research expenditures of qualified small businesses
In general
Limitation
The credit allowed by paragraph (1)(A) shall not exceed the tax imposed by subsection (a) for any calendar quarter, and the credit allowed by paragraph (1)(B) shall not exceed the tax imposed by subsection (b) for any calendar quarter, on the wages paid with respect to the employment of all individuals in the employ of the employer.
Carryover of unused credit
If the amount of any credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter.
Deduction allowed for credited amounts
The credits allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a) or (b).
Aug. 16, 1954, ch. 736 68A Stat. 416 Sept. 1, 1954, ch. 1206 68 Stat. 1094 Aug. 1, 1956. ch. 836 70 Stat. 845 Pub. L. 85–840, title IV, § 401(c)72 Stat. 1042 Pub. L. 87–64, title II, § 201(c)75 Stat. 141 Pub. L. 89–97, title I, § 111(c)(6)79 Stat. 343 Pub. L. 90–248, title I, § 109(a)(3)81 Stat. 836 Pub. L. 92–5, title II, § 204(a)(2)85 Stat. 11 Pub. L. 92–336, title II, § 204(a)(3)86 Stat. 421 Pub. L. 92–603, title I, § 135(a)(3)86 Stat. 1363 Pub. L. 93–233, § 6(a)(2)87 Stat. 954 Pub. L. 94–455, title XIX, § 1903(a)(1)90 Stat. 1806 Pub. L. 95–216, title I, § 101(a)(2)91 Stat. 1511 Pub. L. 98–21, title I, § 123(a)(2)97 Stat. 88 Pub. L. 100–203, title IX, § 9006(b)(1)101 Stat. 1330–289 Pub. L. 100–647, title VIII, § 8016(a)(5)102 Stat. 3793 Pub. L. 108–203, title IV, § 415118 Stat. 530 Pub. L. 111–147, title I, § 101(a)124 Stat. 72 Pub. L. 112–56, title II, § 261(e)(2)125 Stat. 730 Pub. L. 113–295, div. A, title II, § 221(a)(99)(B)128 Stat. 4051 Pub. L. 114–113, div. Q, title I, § 121(c)(2)129 Stat. 3051 Pub. L. 115–141, div. U, title IV, § 401(a)(208)132 Stat. 1194 Pub. L. 117–169, title I, § 13902(b)136 Stat. 2013 (, ; , title II, § 208(c), ; , title II, § 202(c), ; , , ; , , ; , title III, § 321(c), , , 396; , (b)(3), , , 837; , , ; , (b)(3), , , 422; , (b)(3), , , 1364; , (b)(3), , , 955; , , ; , (b)(2), title III, §§ 315(b), 317(b)(2), , , 1512, 1537, 1540; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b)(34), , , 1204; , , .)
Editorial Notes
References in Text
section 433 of Title 42Section 233 of the Social Security Act, referred to in subsec. (c), is classified to , The Public Health and Welfare.
Amendments
Pub. L. 117–169, § 13902(b)(1)2022—Subsec. (f)(1). , substituted “for a taxable year—” for “for a taxable year,” and designated remainder of existing provisions as subpar. (A), substituted “equal to so much of the” for “equal to the” and “as does not exceed the limitation of subclause (I) of section 41(h)(4)(B)(i) (applied without regard to subclause (II) thereof), and” for period at end, and added subpar. (B).
Pub. L. 117–169, § 13902(b)(2)Subsec. (f)(2). , substituted “paragraph (1)(A)” for “paragraph (1)” and inserted “, and the credit allowed by paragraph (1)(B) shall not exceed the tax imposed by subsection (b) for any calendar quarter,” after “calendar quarter”.
Pub. L. 117–169, § 13902(b)(3)Subsec. (f)(3). , substituted “any credit” for “the credit”.
Pub. L. 117–169, § 13902(b)(4)Subsec. (f)(4). , substituted “credits” for “credit” and “subsection (a) or (b)” for “subsection (a)”.
Pub. L. 115–141, § 401(b)(34)2018—Subsec. (d). , struck out subsec. (d) which provided for a special exemption for certain individuals hired in 2010.
Pub. L. 115–141, § 401(a)(208)Subsec. (e)(5)(B). , substituted “has the meaning” for “has meaning”.
Pub. L. 114–1132015—Subsec. (f). added subsec. (f).
Pub. L. 113–295, § 221(a)(99)(B)(i)2014—Subsec. (a). , substituted “6.2 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)).” for “the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))—” and table of rates.
Pub. L. 113–295, § 221(a)(99)(B)(ii)Subsec. (b). , substituted “1.45 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)).” for “the following percentages of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b))—
“(1) with respect to wages paid during the calendar years 1974 through 1977, the rate shall be 0.90 percent;
“(2) with respect to wages paid during the calendar year 1978, the rate shall be 1.00 percent;
“(3) with respect to wages paid during the calendar years 1979 and 1980, the rate shall be 1.05 percent;
“(4) with respect to wages paid during the calendar years 1981 through 1984, the rate shall be 1.30 percent;
“(5) with respect to wages paid during the calendar year 1985, the rate shall be 1.35 percent; and
“(6) with respect to wages paid after , the rate shall be 1.45 percent.”
Pub. L. 112–562011—Subsec. (e). added subsec. (e).
Pub. L. 111–1472010—Subsec. (d). added subsec. (d).
Pub. L. 108–2032004—Subsec. (c). substituted “exclusively to the laws applicable to” for “to taxes or contributions for similar purposes under”.
Pub. L. 100–647Pub. L. 100–203, § 9006(b)(1)1988—Subsecs. (a), (b). made technical correction to directory language of , see 1987 Amendment note below.
Pub. L. 100–203Pub. L. 100–6471987—Subsecs. (a), (b). , as amended by , struck out “and (t)” after “3121(a)” in introductory provisions.
Pub. L. 98–211983—Subsec. (a). substituted table of rates for pars. (1) to (7) which had imposed a tax on every employer (1) with respect to wages paid during the calendar years 1974 through 1977 at the rate of 4.95 percent, (2) with respect to wages paid during the calendar year 1978 at the rate of 5.05 percent, (3) with respect to wages paid during the calendar years 1979 and 1980 at the rate of 5.08 percent, (4) with respect to wages paid during the calendar year 1981 at the rate of 5.35 percent, (5) with respect to wages paid during the calendar years 1982 through 1984 at the rate of 5.40 percent, (6) with respect to wages paid during the calendar years 1985 through 1989 at the rate of 5.70 percent, and (7) with respect to wages paid after , at the rate of 6.20 percent.
Pub. L. 95–2161977—Subsec. (a). , §§ 101(a)(2), 315(b), substituted “(as defined in section 3121(a) and (t))” for “(as defined in section 3121(a))” in provisions preceding par. (1), substituted “1974 through 1977” for “1974 through 2010” in par. (1), substituted “wages paid during the calendar year 1978, the rate shall be 5.05 percent” for “wages paid after , the rate shall be 5.95 percent” in par. (2), and added pars. (3) to (7).
Pub. L. 95–216Subsec. (b). , §§ 101(b)(2), 315(b), substituted “(as defined in section 3121(a) and (t))” for “(as defined in section 3121(a))” in provisions preceding par. (1), substituted “wages paid during the calendar year 1978, the rate shall be 1.00 percent” for “wages paid during the calendar years 1978 through 1980, the rate shall be 1.10 percent”, in par. (2), substituted “wages paid during the calendar years 1979 and 1980, the rate shall be 1.05 percent” for wages paid during the calendar years 1981 through 1985, the rate shall be 1.35 percent” in par. (3), substituted “wages paid during the calendar years 1981 through 1984, the rate shall be 1.30 percent” for “wages paid after , the rate shall be 1.50 percent” in par. (4), and added pars. (5) and (6).
Pub. L. 95–216, § 317(b)(2)Subsec. (c). , added subsec. (c).
Pub. L. 94–455, § 1903(a)(1)(A)1976—Subsec. (a). , redesignated pars. (5) and (6) as (1) and (2). Former pars. (1) to (4), which related to a tax rate of 3.8 percent with respect to wages received during the taxable year 1968, a tax rate of 4.2 percent with respect to wages received during the calendar year 1969 and 1970, a tax rate of 4.6 percent with respect to wages received during the calendar years 1971 and 1972, and a tax rate of 4.85 percent with respect to wages received during the calendar year 1973, respectively, were struck out.
Pub. L. 94–455, § 1903(a)(1)(B)Subsec. (b). , redesignated pars. (3) to (6) as (1) to (4), respectively. Former pars. (1) and (2), which related to a tax rate of .60 percent with respect to wages received during the calendar years 1968, 1969, 1970, 1971, and 1972 and a tax rate of 1.0 percent with respect to wages received during the calendar year 1973, respectively, were struck out.
Pub. L. 93–233, § 6(a)(2)1973—Subsec. (a)(4). , struck out provision for application of 4.85 percent rate of tax during calendar years 1974, 1975, 1976, and 1977.
Pub. L. 93–233, § 6(a)(2)Subsec. (a)(5). , increased rate of tax from 4.80 percent to 4.95 percent and substituted calendar year “1974” to “1978” as initial year for application of such rate.
Pub. L. 93–233, § 6(a)(2)Subsec. (a)(6). , increased rate of tax from 5.85 percent to 5.95 percent.
Pub. L. 93–233, § 6(b)(3)Subsec. (b)(2). , struck out provision for application of 1.0 percent rate of tax during calendar years 1974, 1975, 1976, and 1977.
Pub. L. 93–233, § 6(b)(3)Subsec. (b)(3). , incorporated former provision of par. (2) for taxation of wages received during calendar years 1974, 1975, 1976, and 1977, decreased the applicable rate of tax from 1.0 percent to 0.90 percent, and struck out provision for 1.25 percent rate of tax for calendar years 1978, 1979, and 1980.
Pub. L. 93–233, § 6(b)(3)Subsec. (b)(4). , incorporated former provision of par. (3) for taxation of wages received during calendar years 1978, 1979, and 1980, decreased the applicable rate of tax from 1.25 percent to 1.10 percent, and struck out provision for 1.35 percent rate of tax for calendar years 1981, 1982, 1983, 1984, and 1985.
Pub. L. 93–233, § 6(b)(3)Subsec. (b)(5). , incorporated former provision of par. (4) for taxation of wages received during calendar years 1981 through 1985 at applicable 1.35 percent rate of tax and struck out provision for 1.45 percent rate of tax for wages received after .
Pub. L. 93–233, § 6(b)(3)Subsec. (b)(6). , incorporated former provision of par. (5) for taxation of wages received after and increased the applicable rate of tax from 1.45 percent to 1.50 percent.
Pub. L. 92–603, § 135(a)(3)(A)1972—Subsec. (a)(3). , substituted “the calendar years 1971 and 1972” for “any of the calendar years 1971 through 1977”.
Pub. L. 92–336, § 204(a)(3)Subsec. (a)(3) to (5). , substituted “any of the calendar years 1971 through 1977” for “the calendar years 1971 and 1972” in par. (3), “any of the calendar years 1978 through 2010” for “the calendar years 1973, 1974, and 1975” and “4.5” for “5.0” in par. (4), and “” for “” and “5.35” for “5.15” in par. (5).
Pub. L. 92–603, § 135(a)(3)(B)Subsec. (a)(4). , substituted “received during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 4.85 percent;” for “received during any of the calendar years 1978 through 2010, the rate shall be 4.5 percent; and”.
Pub. L. 92–603, § 135(a)(3)(B)Subsec. (a)(5). , substituted “received during the calendar years 1978 through 2010, the rate shall be 4.80 percent; and” for “received after , the rate shall be 5.35 percent”.
Pub. L. 92–603, § 135(a)(3)(B)Subsec. (a)(6). , added par. (6).
Pub. L. 92–603, § 135(b)(3)Subsec. (b)(2). , increased rate to 1.0 percent from 0.9 percent.
Pub. L. 92–336, § 204(b)(3)Subsec. (b)(2) to (5). , inserted references to 1976 and 1977 and substituted “0.9” for “0.65” in par. (2), substituted references for the calendar years 1978 through 1985 for references to the calendar years 1976 through 1979 and substituted “1.0” for “0.70” in par. (3), substituted references for the calendar years 1986 through 1992 for references to the calendars 1980 through 1986 and substituted “1.1” for “0.80” in par. (4), and substituted “1992” and “1986” and “1.2” for “0.9” in par. (5).
Pub. L. 92–603, § 135(b)(3)Subsec. (b)(3). , substituted “and 1980, the rate shall be 1.25 percent” for “1980, 1981, 1982, 1983, 1984, and 1985, the rate shall be 1.0 percent”.
Pub. L. 92–603, § 135(b)(3)Subsec. (b)(4). , substituted “1981, 1982, 1983, 1984, and 1985, the rate shall be 1.35 percent” for “1986, 1987, 1988, 1989, 1990, 1991, and 1992, the rate shall be 1.1 percent”.
Pub. L. 92–603, § 135(b)(3)Subsec. (b)(5). , substituted “1985, the rate shall be 1.45 percent” for “1992, the rate shall be 1.2 percent”.
Pub. L. 92–51971—Subsec. (a)(4). substituted “with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 5.0 percent; and” for “with respect to wages paid after , the rate shall be 5.0 percent”.
Pub. L. 92–5Subsec. (a)(5). added par. (5).
Pub. L. 90–248, § 109(a)(3)1968—Subsec. (a)(1) to (4). , substituted “1968” and “3.8” for “1966” and “3.85” in par. (1) and “1969 and 1970” and “4.2” for “1967 and 1968” and “3.9” in par. (2), struck out reference to calendar years 1969 and 1970 from par. (3) and substituted therein “4.6” for “4.4”, and substituted “5.0” for “4.85” in par. (4).
Pub. L. 90–248, § 109(b)(3)Subsecs. (b)(1) to (5). , struck out par. (1) provision for employer rate of 0.35 percent of wages paid with respect to employment during calendar year 1966, redesignated pars. (2) to (6) as (1) to (5), struck out reference to “1967” in such par. (1) and increased the rate by 0.10 percent to 0.60, 0.65, 0.70, 0.80, and 0.90 in pars. (1) to (5), respectively.
Pub. L. 89–97, § 321(c)1965—, divided the total excise tax imposed under the entire section upon employers through a tax equal to percentages of wages paid by him into two separate taxes by dividing the section into subsecs. (a) and (b), with subsec. (a) reflecting the tax for old-age, survivors, and disability insurance, and subsec. (b) reflecting the tax for hospital insurance, but, in the case of subsec. (b), without regard to the provisions of section 3121(b)(9) insofar as it relates to employees; increased from 4⅛ percent to 4.20 percent the rate of total tax imposed by the entire section upon wages paid during calendar year 1966 (resulting from a tax of 3.85 percent under subsec. (a) and 0.35 percent under subsec. (b)), increased from 4⅛ percent to 4.40 percent the rate of total tax imposed by the entire section upon wages paid during calendar year 1967 (resulting from a tax of 3.9 percent under subsec. (a) and 0.50 percent under subsec. (b)), reduced from 4⅝ percent to 4.40 percent the rate of total tax imposed by the entire section upon wages paid during calendar year 1968 (resulting from a tax of 3.9 percent under subsec. (a) and 0.50 percent under subsec. (b)), increased from 4⅝ percent to 4.90 percent the rate of total tax imposed by the entire section upon wages paid during the calendar years 1969, 1970, 1971, and 1972 (resulting from a tax of 4.4 percent under subsec. (a) and 0.50 percent under subsec. (b)), increased from 4⅝ percent to 5.40 percent the rate for calendar years 1973, 1974, and 1975 (resulting from a tax of 4.85 percent under subsec. (a) and 0.55 percent under subsec. (b)), increased from 4⅝ percent to 5.45 percent the rate for calendar years 1976, 1977, 1978, and 1979 (resulting from a tax of 4.85 percent under subsec. (a) and 0.60 percent under subsec. (b)), increased from 4⅝ percent to 5.55 percent the rate for calendar years 1980 through 1986 (resulting from a tax of 4.85 percent under subsec. (a) and 0.70 percent under subsec. (b)), and increased the rate from 4⅝ percent to 5.65 percent for calendar years after (resulting from a tax of 4.85 percent under subsec. (a) and 0.80 percent under subsec. (b)).
Pub. L. 89–97, § 111(c)(6)Subsec. (b). , struck out “, but without regard to the provisions of paragraph (9) thereof insofar as it relates to employees” after “as defined in section 3121(b)”.
Pub. L. 87–641961— increased rate of tax for calendar year 1962 from 3 to 3⅛ percent, calendar years 1963 to 1965, inclusive, from 3½ to 3⅝ percent, calendar years 1966 and 1967 from 4 to 4⅛ percent, calendar year 1968 from 4 to 4⅝ percent, and for calendar years after , from 4½ to 4⅝ percent.
Pub. L. 85–8401958— increased rate of tax by substituting provisions imposing a tax of 2½ percent for calendar year 1959, 3 percent for calendar years 1960–62, 3½ percent for calendar years 1963–65, 4 percent for calendar years 1966–68, and 4½ percent for calendar years beginning after , for provisions which imposed a tax of 2¼ percent for calendar years 1957–59, 2¾ percent for calendar years 1960–64, 3¼ percent for calendar years 1965–69, 3¾ percent for calendar years 1970–74, and 4¼ percent for calendar years beginning after .
1956—Act , increased rate of tax with respect to wages paid during calendar years 1957 to 1959, and for all calendar years thereafter, by one-quarter percent.
1954—Act , increased 3¼ percent rate of tax for calendar year 1970 and subsequent years to 3½ percent for calendar years 1970 to 1974 and 4 percent for 1975 and subsequent years.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–169section 13902(d) of Pub. L. 117–169section 41 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–113section 121(d)(3) of Pub. L. 114–113section 38 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 2014 Amendment
Pub. L. 113–295section 221(b) of Pub. L. 113–295section 1 of this titleAmendment by effective , subject to a savings provision, see , set out as a note under .
Effective Date of 2011 Amendment
Pub. L. 112–56section 261(g) of Pub. L. 112–56section 51 of this titleAmendment by applicable to individuals who begin work for the employer after , see , set out as a note under .
Effective Date of 2010 Amendment
Pub. L. 111–147section 101(e) of Pub. L. 111–147section 51 of this titleAmendment by applicable to wages paid after , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–647, title VIII, § 8016(b)102 Stat. 3793
Effective Date of 1987 Amendment
Pub. L. 100–203, title IX, § 9006(c)101 Stat. 1330–289
Effective Date of 1983 Amendment
Pub. L. 98–21section 123(a)(3) of Pub. L. 98–21section 3101 of this titleAmendment by applicable to remuneration paid after , see , set out as a note under .
Effective Date of 1977 Amendment
Pub. L. 95–216section 104 of Pub. L. 95–216section 1401 of this titleAmendment by section 101(a)(2), (b)(2) of applicable with respect to remuneration paid or received, and taxable years beginning, after 1977, see , set out as a note under .
Pub. L. 95–216, title III, § 315(c)91 Stat. 1537
Effective Date of 1976 Amendment
Pub. L. 94–455section 1903(d) of Pub. L. 94–455section 3101 of this titleAmendment by applicable with respect to wages paid after , see , set out as a note under .
Effective Date of 1973 Amendment
Pub. L. 93–233section 6(c) of Pub. L. 93–233section 1401 of this titleAmendment by applicable only with respect to remuneration paid after , see , set out as a note under .
Effective Date of 1972 Amendments
Pub. L. 92–603section 135(c) of Pub. L. 92–603section 1401 of this titleAmendment by applicable only with respect to remuneration paid after , see , set out as a note under .
Pub. L. 92–336section 204(c) of Pub. L. 92–336section 1401 of this titleAmendment by applicable only with respect to remuneration paid after , see , set out as a note under .
Effective Date of 1971 Amendment
Pub. L. 92–5section 204(b) of Pub. L. 92–5section 3101 of this titleAmendment by applicable only with respect to remuneration paid after , see , set out as a note under .
Effective Date of 1968 Amendment
Pub. L. 90–248section 109(c) of Pub. L. 90–248section 1401 of this titleAmendment by applicable only with respect to remuneration paid after , see , set out as a note under .
Effective Date of 1965 Amendment
section 111(c)(6) of Pub. L. 89–97section 111(e) of Pub. L. 89–97section 1395i–1 of Title 42Amendment by applicable to calendar year 1966 or to any subsequent calendar year but only if by October 1 immediately preceding such calendar year the Railroad Retirement Tax Act (section 3201 et seq. of this title) provides for a maximum amount of monthly compensation taxable under such Act during all months of such calendar year equal to one-twelfth of maximum wages which Federal Insurance Contributions Act (section 3101 et seq. of this title) provides may be counted for such calendar year, see , set out as an Effective Date note under , The Public Health and Welfare.
section 321(c) of Pub. L. 89–97section 321(d) of Pub. L. 89–97section 1401 of this titleAmendment by applicable with respect to remuneration paid after , see , set out as a note under .
Effective Date of 1961 Amendment
Pub. L. 87–64section 201(d) of Pub. L. 87–64section 1401 of this titleAmendment by applicable with respect to remuneration paid after , see , set out as a note under .
Effective Date of 1958 Amendment
Pub. L. 85–840section 401(d) of Pub. L. 85–840section 1401 of this titleAmendment by applicable with respect to remuneration paid after , see , set out as a note under .
Effective Date of 1956 Amendment
section 1401 of this titleAmendment by act , applicable with respect to remuneration paid after , see section 202(d) of such act , set out as a note under .
Savings Provision
section 401(b)(34) of Pub. L. 115–141section 401(e) of Pub. L. 115–141section 23 of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
Pub. L. 97–123Penalties and Interest Not Assessed for Failure To Make Timely Payment During Period , to , of Taxes Attributable to Amendments by
section 3 of Pub. L. 97–123section 3(f) of Pub. L. 97–123section 3101 of this titleFor provision that no penalties or interest shall be assessed on account of any failure to make timely payment of taxes imposed by this section with respect to payments made for the period , and ending , to the extent that such taxes are attributable to or the amendments made by that section, see , set out as a note under .
Employee Retention Credit for Employers Subject to Closure Due to COVID–19
Pub. L. 116–136, div. A, title II, § 2301134 Stat. 347 Pub. L. 116–260, div. EE, title II134 Stat. 3059–3065
In General .—
Limitations and Refundability.—
Wages taken into account .—
Credit limited to employment taxes .—
Refundability of excess credit.—
In general .—
Treatment of payments .—
Definitions .—
Applicable employment taxes .—
Eligible employer.—
In general .—
Election to use alternative quarter .—
Tax-exempt organizations .—
Qualified wages.—
In general .—
Exception .—
Secretary .—
Wages .—
In general .—
Allowance for certain health plan expenses.—
In general .—
Allocation rules .—
Other terms .—
Aggregation Rule .—
Certain Rules to Apply .—
Certain Governmental Employers.—
In general .—
Exception .—
Election to Not Take Certain Wages Into Account.—
In general .—
Coordination with paycheck protection program .—
Special Rules.—
Denial of double benefit .—
Third party payors .—
Transfers to Federal Old-Age and Survivors Insurance Trust Fund .—
Advance Payments.—
In general .—
Advance payments to small employers.—
In general .—
Special rule for seasonal employers .—
Special rule for employers not in existence in 2019 .—
Reconciliation of credit with advance payments.—
In general .—
Excess advance payments .—
Treatment of Deposits .—
Regulations and Guidance .—
Application .—
Public Awareness Campaign.—
In general .—
Outreach .—
Pub. L. 116–260, div. EE, title II, § 206(e)134 Stat. 3061 [, , , provided that:
In generalsection 2301 of Pub. L. 116–136Pub. L. 116–136[“(1) .—The amendments made by this section [amending , set out above] shall take effect as if included in the provisions of the CARES Act [] to which they relate.
Special rule.—[“(2)
In general[“(A) .—For purposes of section 2301 of the CARES Act, an employer who has filed a return of tax with respect to applicable employment taxes (as defined in section 2301(c)(1) of division A of such Act) before the date of the enactment of this Act [] may elect (in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall prescribe) to treat any applicable amount as an amount paid in the calendar quarter which includes the date of the enactment of this Act.
Applicable amount[“(B) .—For purposes of subparagraph (A), the term ‘applicable amount’ means the amount of wages which—
[“(i) are—
[“(I) described in section 2301(c)(5)(B) of the CARES Act, as added by the amendments made by subsection (b), or
[“(II) permitted to be treated as qualified wages under guidance issued pursuant to section 2301(g)(2) of the CARES Act (as added by subsection (c)), and
[“(ii) were—
[“(I) paid in a calendar quarter beginning after , and before , and
[“(II) not taken into account by the taxpayer in calculating the credit allowed under section 2301(a) of division A of such Act for such calendar quarter.”]
Pub. L. 116–260, div. EE, title II, § 207(k)134 Stat. 3065
Delay of Payment of Employer Payroll Taxes
Pub. L. 116–136, div. A, title II, § 2302134 Stat. 351 Pub. L. 116–142, § 4(a)134 Stat. 643
In General.—
Taxes .—
Deposits .—
SECA.—
In general .—
Estimated taxes .—
Liability of Third Parties.—
Acts to be performed by agents .—
Certified professional employer organizations .—
Definitions .—
Applicable employment taxes .—
Payroll tax deferral period .—
Applicable date .—
Secretary .—
Trust Funds Held Harmless .—
Regulatory Authority .—
Pub. L. 116–142, § 4(b)134 Stat. 643
Payroll Credit for Required Paid Sick Leave
Pub. L. 116–127, div. G, § 7001134 Stat. 210 Pub. L. 116–136, div. A, title III, § 3606(a)134 Stat. 411 Pub. L. 116–260, div. N, title II134 Stat. 1989
In General .—
Limitations and Refundability.—
Wages taken into account .—
Overall limitation on number of days taken into account .—
Credit limited to certain employment taxes .—
Refundability of excess credit.—
Credit is refundable .—
Advancing credit .—
Treatment of payments .—
Qualified Sick Leave Wages .—
Allowance of Credit for Certain Health Plan Expenses.—
In general .—
Qualified health plan expenses .—
Allocation rules .—
Special Rules.—
Denial of double benefit .—
Election not to have section apply .—
Certain terms .—
Certain governmental employers .—
References to railroad retirement tax .—
Regulations .—
Application of Section .—
Transfers to Federal Old-Age and Survivors Insurance Trust Fund .—
Treatment of Deposits .—
Pub. L. 116–260, div. N, title II, § 288(f)134 Stat. 1993
Payroll Credit for Required Paid Family Leave
Pub. L. 116–127, div. G, § 7003134 Stat. 214 Pub. L. 116–136, div. A, title III, § 3606(b)134 Stat. 412 Pub. L. 116–260, div. N, title II134 Stat. 1989
In General .—
Limitations and Refundability.—
Wages taken into account .—
Credit limited to certain employment taxes .—
Refundability of excess credit.—
Credit is refundable .—
Advancing credit .—
Qualified Family Leave Wages .—
Allowance of Credit for Certain Health Plan Expenses.—
In general .—
Qualified health plan expenses .—
Allocation rules .—
Special Rules .—
Denial of double benefit .—
Election not to have section apply .—
Certain terms .—
Certain governmental employers .—
References to railroad retirement tax .—
Regulations .—
Application of Section .—
Transfers to Federal Old-Age and Survivors Insurance Trust Fund .—
Treatment of Deposits .—
Pub. L. 116–260, div. N, § 288(a)(1)(A)section 7003(c) of Pub. L. 116–127[, which directed amendment of , set out above, by inserting “, determined without regard to paragraphs (1) through (22) of section 3121(b) of such Code” after “as defined in section 3121(a) of the Internal Revenue Code of 1986”, was executed by making the insertion after “as defined in section 3121(a) of such Code” to reflect the probable intent of Congress.]
Special Rule Related to Tax on Employers
Pub. L. 116–127, div. G, § 7005134 Stat. 219 Pub. L. 116–260, div. N, title II134 Stat. 1991