,,ii #aacth ,,congress #ast ,session ,s4 #aae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bc 7legislative day1 ,january #c71 #bjac ,mr4 ,casey introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to provide a credit for increasing payroll4 #a4 ,short title ,this ,act may be cited as the ,small ,business ,job ,creation ,act4 #b4 ,employer payroll increase credit 7a7 ,in general ,subchapter ,b of chapter #fe of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #fdcc4 ,employer payroll increase credits 7a7 ,in general ,each qualified employer shall be treated as having made a payment against the tax imposed by section #caaa7;a7 or section #cbba7;a71 whichever is applicable1 for each qualified quarter in an amount equal to the credit amount4 7b7 ,credit amount ,for purposes of this section1 the credit amount with respect to any qualified quarter is equal to #aj percent of the qualified payroll increase of such employer for such qualified quarter4 7c7 ,dollar limitation ,the total credit amount with respect to any employer shall not exceed #ejj1jjj for all qualified quarters4 7d7 ,qualified employer ,for purposes of this section1 the term qualified employer means any ,american employer other than the ,united ,states1 any ,state1 or any instrumentality thereof4 7e7 ,qualified payroll increase ,for purposes of this section-- 7#a7 ,in general ,the term qualified payroll increase with respect to any qualified quarter means the amount1 if any1 by which a qualified employer's qualified payroll for such quarter exceeds the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls4 7#b7 ,qualified payroll ,the term qualified payroll means the amount of all wages 7within the meaning of section #caba7;a77 paid or incurred by a qualified employer to the employees of such employer1 except that1 with respect to each such employee for any quarter of the employer1 such wages shall be taken into account only to the extent that such wages do not exceed the contribution and benefit base as determined under section #bcj of the ,social ,security ,act4 7#c7 ,railway labor ,in the case of remuneration subject to the tax imposed by section #cbba7;a71 paragraph 7#a7 shall be applied by substituting all compensation 7within the meaning of section #cbca7;e77 for all wages 7within the meaning of section #caba7;a774 7#d7 ,special rule for large employers ,in the case of an employer that employs #ajj or more employees during the qualified quarter1 no qualified payroll increase shall be taken into account for such qualified quarter unless the qualified payroll increase with respect to such qualified quarter exceeds #c percent of the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls4 7f7 ,qualified quarter ,for purposes of this section1 the term qualified quarter means-- 7#a7 the calendar quarter which includes the date of the enactment of the ,small ,business ,job ,creation ,act1 and 7#b7 each of the #c calendar quarters following such quarter4 7g7 ,definitions ,except as provided in subsection 7h77#a71 any term used in this section which is also used in section #caaa has the same meaning as when used in such section4 7h7 ,special rules ,for purposes of this section-- 7#a7 ,employee ,the term employee includes only individuals who are citizens or lawful residents of the ,united ,states who receive wages1 remuneration1 compensation1 or tips from an employer for work performed within a ,state or a possession of the ,united ,states4 7#b7 ,maintenance of base employment requirement ,this section shall not apply to any qualified employer for any qualified quarter if the total number of employees of such employer during such quarter is less than the total number of such employees during the quarter preceding such quarter1 determined by not taking into account any employee who is a seasonal employee during such preceding quarter4 7#c7 ,controlled groups ,all employers treated as a single employer under section 7a7 or 7b7 of section #eb shall be treated as a single employer for purposes of the dollar limitation under subsection 7c71 except that any employer which is not an ,american employer shall not be taken into account4 7#d7 ,new employers 7,a7 ,in general ,in the case of a qualified employer which comes into existence after the date of the enactment of the ,small ,business ,job ,creation ,act and before ,january #a1 #bjad-- 7i7 the term qualified quarter means-- 7,i7 the first calendar quarter for which such qualified employer is in existence1 and 7,,ii7 each of the #c quarters following such quarter1 7ii7 the qualified payroll increase of such employer for the quarter described in clause 7i77,i7 shall be equal to the amount of the employer's qualified payroll for such quarter1 and 7iii7 the qualified payroll increase of such employer for any quarter described in clause 7i77,,ii7 shall be the amount1 if any1 by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter4 7,b7 ,transition rule 7i7 ,in general ,in the case of a qualified employer which comes into existence-- 7,i7 after the last day of the calendar quarter which is #e calendar quarters before the date of the enactment of the ,small ,business ,job ,creation ,act1 and 7,,ii7 before such date of enactment1 the qualified payroll increase of such employer for any transition quarter shall be the amount1 if any1 by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter4 7ii7 ,transition quarter ,for purposes of clause 7i71 the term transition quarter means a qualified quarter with respect to which the qualified payroll increase cannot be determined under subsection 7e77#a7 solely because the employer was not in existence during such quarter of the calendar year preceding the year in which such qualified quarter falls4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #fe of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #fdcc4 ,employer payroll increase credits4 4 7c7 ,notification ,not later than #cj days after the date of the enactment of this ,act1 the ,commissioner of ,internal ,revenue shall notify all employers required to withhold employment taxes under chapter #ba or #bb of the ,internal ,revenue ,code of #aihf of the enactment and applicability of section #fdcc of the ,internal ,revenue ,code of #aihf1 as added by this ,act4 7d7 ,investigation and report on enforcement actions ,not later than #f months after the date of the enactment of this ,act1 and quarterly thereafter1 the ,commissioner of ,internal ,revenue shall submit a report to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives on the enforcement measures taken to prevent and penalize fraud related to section #fdcc of the ,internal ,revenue ,code of #aihf1 including such information as-- 7#a7 general statistics related to the application of such section1 7#b7 cases of fraud1 and 7#c7 the status of investigatory and prosecutorial actions related to such cases4 7e7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall apply to calendar quarters beginning with the calendar quarter which includes the date of the enactment of this ,act4