,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ffbi ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjbj,mr4 ,huizenga introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to provide a payroll tax credit to employers for employee bonuses4 #a4 ,short title ,this ,act may be cited as the ,patriot ,bonus ,tax ,credit ,act of #bjbj4 #b4 ,payroll tax credit to employers for employee bonuses 7a7 ,in general ,in the case of an employer1 there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to #ej percent of the qualified bonuses with respect to each employee of such employer for such calendar quarter4 7b7 ,limitations and refundability 7#a7 ,bonuses taken into account ,the amount of qualified bonuses with respect to any employee which may be taken into account under subsection 7a7 by the employer for all calendar quarters shall not exceed #be1jjj4 7#b7 ,credit limited to employment taxes ,the credit allowed by subsection 7a7 with respect to any calendar quarter shall not exceed the applicable employment taxes 7reduced by any credits allowed under subsections 7e7 and 7f7 of section #caaa of the ,internal ,revenue ,code of #aihf1 sections #gjja and #gjjc of the ,families ,first ,coronavirus ,response ,act1 and section #bcja of the ,,cares ,act7 on the wages paid with respect to the employment of all the employees of the employer for such calendar quarter4 7#c7 ,refundability of excess credit 7,a7 ,in general ,if the amount of the credit under subsection 7a7 exceeds the limitation of paragraph 7#b7 for any calendar quarter1 such excess shall be treated as an overpayment that shall be refunded under sections #fdjb7;a7 and #fdac7;b7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 any amounts due to the employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,applicable employment taxes ,the term applicable employment taxes means the following3 7,a7 ,the taxes imposed under section #caaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,so much of the taxes imposed under section #cbba7;a7 of such ,code as are attributable to the rate in effect under section #caaa7;a7 of such ,code4 7#b7 ,qualified bonus ,the term qualified bonus means any wages paid by an employer to an employee for any period with respect to a period for which such employee is providing services to such employer4 ,such term shall not include any wages except to the extent that such wages are in excess of the wages which would ordinarily be paid to such employee4 ,wages not ordinarily paid to an employee include amounts paid by the employer in excess of the necessary and customary amounts paid to the employee under normal business circumstances4 ,such amounts include1 but are not limited to1 extraordinary payments for overtime or hazardous pay1 supplemental payments or allowances given to the employee whether for the convenience of the employer or otherwise1 sequestration payments to retain staff at essential facilities1 or other payments for services rendered which the employee would not be accustomed to receiving absent the extraordinary business and economic conditions existing during the applicable period4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7#d7 ,wages ,the term wages means wages 7as defined in section #caba7;a7 of the ,internal ,revenue ,code of #aihf7 and compensation 7as defined in section #cbca7;e7 of such ,code74 7#e7 ,other terms ,any term used in this section which is also used in chapter #ba or #bb of the ,internal ,revenue ,code of #aihf shall have the same meaning as when used in such chapter4 7d7 ,certain rules ,to apply ,for purposes of this section1 rules similar to the rules of sections #ea7;i77#a7 and #bhj;,c7a7 of the ,internal ,revenue ,code of #aihf shall apply4 7e7 ,certain governmental employers ,this credit shall not apply to the ,government of the ,united ,states1 the government of any ,state or political subdivision thereof1 or any agency or instrumentality of any of the foregoing4 7f7 ,election not ,to have section apply ,this section shall not apply with respect to any employer for any calendar quarter if such employer elects 7at such time and in such manner as the ,secretary may prescribe7 not to have this section apply4 7g7 ,third-,party payors ,any credit allowed under this section shall be treated as a credit described in section #ceaa7;d77#b7 of such ,code4 7h7 ,transfers to ,federal ,old-,age and ,survivors ,insurance ,trust ,fund ,there are hereby appropriated to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund and the ,federal ,disability ,insurance ,trust ,fund established under section #bja of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7 and the ,social ,security ,equivalent ,benefit ,account established under section #ae;,a7a7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #ad #bcan-#a7;a77 amounts equal to the reduction in revenues to the ,treasury by reason of this section 7without regard to this subsection74 ,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 or ,account had this section not been enacted4 7i7 ,treatment of deposits ,the ,secretary shall waive any penalty under section #ffef of the ,internal ,revenue ,code of #aihf for any failure to make a deposit of any applicable employment taxes if the ,secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section4 7j7 ,regulations and guidance ,the ,secretary shall issue such forms1 instructions1 regulations1 and guidance as are necessary-- 7#a7 to allow the advance payment of the credit under subsection 7a71 subject to the limitations provided in this section1 based on such information as the ,secretary shall require2 7#b7 to provide for the reconciliation of such advance payment with the amount advanced at the time of filing the return of tax for the applicable calendar quarter or taxable year2 and 7#c7 with respect to the application of the credit under subsection 7a7 to third-party payors 7including professional employer organizations1 certified professional employer organizations1 or agents under section #cejd of the ,internal ,revenue ,code of #aihf74 7k7 ,application ,this section shall only apply to qualified bonuses paid after ,march #ab1 #bjbj1 and before ,january #a1 #bjba4