,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gbbb ,,in ,,the ,,house ,,of ,,representatives ,june #ae1 #bjbj,mr4 ,panetta introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to provide for a credit against employment taxes for certain virus transmission prevention expenses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,reopening ,tax ,credit4 #b4 ,tax credit for safety improvements 7a7 ,in general ,in the case of an eligible employer1 there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to #cj percent of the qualified virus transmission prevention expenses paid or incurred by such employer during such calendar quarter4 7b7 ,limitations and refundability 7#a7 ,limitation ,the qualified fixed expenses which may be taken into account under subsection 7a7 by any eligible employer for any calendar quarter shall not exceed the least of-- 7,a7 #ae1jjj1 or 7,b7 the greater of-- 7i7 #be percent of the wages paid with respect to the employment of all employees of the eligible employer for such calendar quarter1 or 7ii7 #f4be percent of gross receipts of the eligible employer for calendar year #bjai4 7#b7 ,credit limited to certain employment taxes ,the credit allowed by subsection 7a7 with respect to any calendar quarter shall not exceed the applicable employment taxes for such calendar quarter 7reduced by any credits allowed under subsections 7e7 and 7f7 of section #caaa of such ,code1 sections #gjja and #gjjc of the ,families ,first ,coronavirus ,response ,act1 and section #bcja of the ,,cares ,act1 for such quarter7 on the wages paid with respect to the employment of all the employees of the eligible 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 an 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 ,eligible employer 7,a7 ,in general ,the term eligible employer means any employer-- 7i7 which was carrying on a trade or business at any time during calendar year #bjbj1 7ii7 which had either-- 7,i7 not more than #a1ejj full time equivalent employees 7as determined for the purposes of determining whether an employer is an applicable large employer for the purposes of section #dihj;,h7c77#b7 of the ,internal ,revenue ,code of #aihf7 for calendar year #bjai1 or 7,,ii7 not more than #da1ejj1jjj in gross receipts in the last taxable year ending in #bjai1 and 7iii7 is primarily an establishment classified under one of the following3 7,i7 ,the ,north ,american ,industry ,classification ,system ,sector codes #dd1 #de1 #ga1 or #gb4 7,,ii7 ,the ,north ,american ,industry ,classification ,system ,subsector code #fbd4 7,,iii7 ,the ,north ,american ,industry ,classification ,system codes #eabaca or #eaiabj4 7,b7 ,tax-exempt organizations ,in the case of an organization which is described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code-- 7i7 clauses 7i7 and 7iii77,i7 of subparagraph 7,a7 shall apply to all operations of such organization1 and 7ii7 any reference in this section to gross receipts shall be treated as a reference to gross receipts within the meaning of section #fjcc of the ,internal ,revenue ,code of #aihf4 7#c7 ,qualified virus transmission prevention expenses ,the term qualified virus transmission prevention expenses means the payment or accrual of any expense which is intended to reduce or prevent the transmission of communicable viruses 7including ,severe ,acute ,respiratory ,syndrome ,coronavirus #b 7,,sars-,co,v-#b771 which is used in the operation of a trade or business in the ,united ,states 7including the possessions of the ,united ,states71 including-- 7,a7 barriers erected to prevent virus spread between customers and employees1 including plexiglass installed at cashiers and other counters1 and partitions to separate customers1 7,b7 changes to fixtures to facilitate social distancing1 including additional check-out stations1 7,c7 contactless point-of-sale systems1 7,d7 enhanced sanitation1 including deep cleaning and hand sanitizer1 7,e7 thermometers and other virus monitoring devices or methods1 including ,,covid-#ai testing1 7,f7 ventilation or air filtration1 7,g7 signage related to public health awareness1 social distancing1 or altered services like curbside pickups1 7,h7 employee health education1 7,i7 training for new business procedures resulting from ,,covid-#ai1 7,j7 personal protective equipment1 and 7,k7 such additional expenses as the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 determines to be necessary4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7d7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf1 or subsection 7m7 or 7o7 of section #dad of such ,code1 shall be treated as one employer for purposes of this section4 7e7 ,denial of double benefit ,for purposes of chapter #a of such ,code1 the gross income of any eligible employer1 for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section1 shall be increased by the amount of such credit4 7f7 ,election not ,to have section apply ,this section shall not apply with respect to any eligible 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 ,transfers to certain trust funds ,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 #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 7h7 ,treatment of deposits ,the ,secretary shall waive any penalty under section #ffef of such ,code for any failure to make a deposit of applicable employment taxes if the ,secretary determines that such failure was due to the anticipation of the credit allowed under this section4 7i7 ,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 require1 7#b7 to provide for the reconciliation of such advance payment with the amount of the credit at the time of filing the return of tax for the applicable quarter or taxable year1 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 #aihf71 including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors1 7#d7 for application of subsection 7c77#b77;,a77ii7 in the case of any employer which was not carrying on a trade or business for all or part of the same calendar quarter in the prior year1 and 7#e7 for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection 7a74 7j7 ,application of section ,this section shall apply only to qualified fixed expenses paid or accrued in calendar quarters beginning on or after the date of the enactment of this ,act and before ,january #a1 #bjba4