26 U.S.C. § 3113 — Untitled legal text

Page 2692 TITLE 26—INTERNAL REVENUE CODE § 3112 ‘‘(2) regulations or other guidance to minimize compliance and record-keeping burdens under this section, ‘‘(3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section, ‘‘(4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), ‘‘(5) regulations or other guidance to ensure that the wages taken into account under this section con- form with the paid leave required to be provided under the Emergency Family and Medical Leave Ex- pansion Act (including the amendments made by such Act), and ‘‘(6) regulations or other guidance to permit the ad- vancement of the credit determined under subsection (a). ‘‘(g) APPLICATION OF SECTION.—This section shall apply only to wages paid with respect to the period be- ginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enact- ment of this Act [Mar. 18, 2020], and ending on March 31, 2021. ‘‘(h) TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND.—There are hereby appro- priated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Secu- rity Act (42 U.S.C. 401) and the Social Security Equiva- lent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in revenues to the Treasury by reason of this section (without re- gard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the gen- eral fund at such times and in such manner as to rep- licate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of the Treasury (or the Secretary’s delegate) shall waive any penalty under section 6656 of the Internal Revenue Code of 1986 for any failure to make a deposit of the tax im- posed by section 3111(a) or 3221(a) of such Code if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section.’’ [Pub. L. 116–260, div. N, § 288(a)(1)(A), which directed amendment of section 7003(c) of Pub. L. 116–127, 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 Inter- nal 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, § 7005, Mar. 18, 2020, 134 Stat. 219, as amended by Pub. L. 116–260, div. N, title II, §§ 286(b)(5), 288(d), (e), Dec. 27, 2020, 134 Stat. 1991, 1992, provided that: ‘‘(a) IN GENERAL.—Any wages required to be paid by reason of the Emergency Paid Sick Leave Act [div. E of Pub. L. 116–127, 29 U.S.C. 2601 note] and the Emergency Family and Medical Leave Expansion Act [div. C of Pub. L. 116–127, see Short Title of 2020 Amendment note set out under section 2601 of Title 29, Labor] (or, in the case of wages paid after December 31, 2020, and before April 1, 2021, with respect to which a credit is allowed under section 7001 [set out above] or 7003 [set out above]) shall not be considered wages for purposes of section 3111(a) of the Internal Revenue Code of 1986 or compensation for purposes of section 3221(a) of such Code. Any reference in this subsection to the tax im- posed by section 3221(a) of such Code shall be treated as a reference to so much of the tax as is attributable to the rate in effect under section 3111(a) of such Code. ‘‘(b) ALLOWANCE OF CREDIT FOR HOSPITAL INSURANCE TAXES.— ‘‘(1) IN GENERAL.—The credit allowed by section 7001 and the credit allowed by section 7003 shall each be increased by the amount of the tax imposed by sec- tion 3111(b) of the Internal Revenue Code of 1986 and so much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(b) of such Code on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 7001 or 7003 (respectively). ‘‘(2) DENIAL OF DOUBLE BENEFIT.—For denial of dou- ble benefit with respect to the credit increase under paragraph (1), see sections 7001(e)(1) and 7003(e)(1). ‘‘(c) TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND.—There are hereby appro- priated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Secu- rity Act (42 U.S.C. 401) and the Social Security Equiva- lent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in revenues to the Treasury by reason of this section (without re- gard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the gen- eral fund at such times and in such manner as to rep- licate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted.’’ § 3112. Instrumentalities of the United States Notwithstanding any other provision of law (whether enacted before or after the enactment of this section) which grants to any instrumen- tality of the United States an exemption from taxation, such instrumentality shall not be ex- empt from the tax imposed by section 3111 un- less such other provision of law grants a specific exemption, by reference to section 3111 (or the corresponding section of prior law), from the tax imposed by such section. (Aug. 16, 1954, ch. 736, 68A Stat. 416.) [§ 3113. Repealed. Pub. L. 94–455, title XIX, § 1903(a)(2), Oct. 4, 1976, 90 Stat. 1806] Section, added Aug. 1, 1956, ch. 836, title II, § 201(a)(1), 70 Stat. 839, related to a restriction on exemptions from taxation for District of Columbia credit unions with re- spect to the tax imposed by section 3111 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable with respect to wages paid after Dec. 31, 1976, see section 1903(d) of Pub. L. 94–455, set out as an Effective Date of 1976 Amendment note under section 3101 of this title. Subchapter C—General Provisions Sec. 3121. Definitions. 3122. Federal service. 3123. Deductions as constructive payments. 3124. Estimate of revenue reduction. 3125. Returns in the case of governmental employ- ees in States, Guam, American Samoa, and the District of Columbia. 3126. Return and payment by governmental em- ployer. 3127. Exemption for employers and their employees where both are members of religious faiths opposed to participation in Social Security Act programs.