Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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---
type: "LegalText"
title: "26 U.S.C. § 3102"
description: "Deduction of tax from wages"
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title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "21"
chapter_name: "FEDERAL INSURANCE CONTRIBUTIONS ACT"
section: "3102"
citation: "26 U.S.C. § 3102"
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---
# 26 U.S.C. § 3102 - Deduction of tax from wages
## Text
(a) Requirement The tax imposed by section 3101 shall be collected by the employer of the taxpayer, by deducting the amount of the tax from the wages as and when paid. An employer who in any calendar year pays to an employee cash remuneration to which paragraph (7)(B) of section 3121(a) is applicable may deduct an amount equivalent to such tax from any such payment of remuneration, even though at the time of payment the total amount of such remuneration paid to the employee by the employer in the calendar year is less than the applicable dollar threshold (as defined in section 3121(x)) for such year; and an employer who in any calendar year pays to an employee cash remuneration to which paragraph (7)(C) or (10) of section 3121(a) is applicable may deduct an amount equivalent to such tax from any such payment of remuneration, even though at the time of payment the total amount of such remuneration paid to the employee by the employer in the calendar year is less than $100; and an employer who in any calendar year pays to an employee cash remuneration to which paragraph (8)(B) of section 3121(a) is applicable may deduct an amount equivalent to such tax from any such payment of remuneration, even though at the time of payment the total amount of such remuneration paid to the employee by the employer in the calendar year is less than $150; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (12)(B) of section 3121(a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20.
(b) Indemnification of employer Every employer required so to deduct the tax shall be liable for the payment of such tax, and shall be indemnified against the claims and demands of any person for the amount of any such payment made by such employer.
(c) Special rule for tips (1) In the case of tips which constitute wages, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer, at or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the year) in which the tips were deemed paid, by deducting the amount of the tax from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer.
(2) If the tax imposed by section 3101, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the wages of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee may furnish to the employer on or before the 10th day of the following month (or, if paragraph (3) applies, on or before the 30th day of the following year) an amount of money equal to the amount of the excess.
(3) The Secretary may, under regulations prescribed by him, authorize employers—
(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any calendar year,
(B) to determine the amount to be deducted upon each payment of wages (exclusive of tips) during such year as if the tips so estimated constituted the actual tips so reported, and
(C) to deduct upon any payment of wages (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such year (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such wages of the employee during the year to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the year.
(4) If the tax imposed by section 3101 with respect to tips which constitute wages exceeds the portion of such tax which can be collected by the employer from the wages of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee.
(d) Special rule for certain taxable group-term life insurance benefits (1) In general In the case of any payment for group-term life insurance to which this subsection applies—
(A) subsection (a) shall not apply,
(B) the employer shall separately include on the statement required under section 6051—
(i) the portion of the wages which consists of payments for group-term life insurance to which this subsection applies, and
(ii) the amount of the tax imposed by section 3101 on such payments, and
(C) the tax imposed by section 3101 on such payments shall be paid by the em­ployee.
(2) Benefits to which subsection applies This subsection shall apply to any payment for group-term life insurance to the extent—
(A) such payment constitutes wages, and
(B) such payment is for coverage for periods during which an employment relationship no longer exists between the employee and the employer.
(e) Special rule for certain transferred Federal employees In the case of any payments of wages for service performed in the employ of an international organization pursuant to a transfer to which the provisions of section 3121(y) are applicable—
(1) subsection (a) shall not apply,
(2) the head of the Federal agency from which the transfer was made shall separately include on the statement required under section 6051—
(A) the amount determined to be the amount of the wages for such service, and
(B) the amount of the tax imposed by section 3101 on such payments, and
(3) the tax imposed by section 3101 on such payments shall be paid by the employee.
(f) Special rules for additional tax (1) In general In the case of any tax imposed by section 3101(b)(2), subsection (a) shall only apply to the extent to which the taxpayer receives wages from the employer in excess of $200,000, and the employer may disregard the amount of wages received by such taxpayers spouse.
(2) Collection of amounts not withheld To the extent that the amount of any tax imposed by section 3101(b)(2) is not collected by the employer, such tax shall be paid by the employee.
(3) Tax paid by recipient If an employer, in violation of this chapter, fails to deduct and withhold the tax imposed by section 3101(b)(2) and thereafter the tax is paid by the employee, the tax so required to be deducted and withheld shall not be collected from the employer, but this paragraph shall in no case relieve the employer from liability for any penalties or additions to tax otherwise applicable in respect of such failure to deduct and withhold.
(Aug. 16, 1954, ch. 736, 68A Stat. 415; Sept. 1, 1954, ch. 1206, title II, § 205A, 68 Stat. 1093; Aug. 1, 1956, ch. 836, title II, § 201(h)(3), 70 Stat. 841; Pub. L. 8997, title III, § 313(c)(1), (2), July 30, 1965, 79 Stat. 382, 383; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95216, title III, § 355(a), (b), Dec. 20, 1977, 91 Stat. 1555; Pub. L. 101508, title V, § 5124(a), Nov. 5, 1990, 104 Stat. 1388284; Pub. L. 103296, title III, § 319(a)(3), Aug. 15, 1994, 108 Stat. 1534; Pub. L. 103387, § 2(a)(1)(D), Oct. 22, 1994, 108 Stat. 4072; Pub. L. 108203, title IV, § 424(b), Mar. 2, 2004, 118 Stat. 536; Pub. L. 111148, title IX, § 9015(a)(2), Mar. 23, 2010, 124 Stat. 871.)
## Notes
Editorial Notes
Amendments2010—Subsec. (f). Pub. L. 111148 added subsec. (f). 2004—Subsec. (a). Pub. L. 108203 struck out “and the employee has not performed agricultural labor for the employer on 20 days or more in the calendar year for cash remuneration computed on a time basis” after “less than $150”. 1994—Subsec. (a). Pub. L. 103387 in second sentence substituted “An employer who in any calendar year” for “An employer who in any calendar quarter” and “remuneration paid to the employee by the employer in the calendar year is less than the applicable dollar threshold (as defined in section 3121(x)) for such year” for “remuneration paid to the employee by the employer in the calendar quarter is less than $50”. Subsec. (e). Pub. L. 103296 added subsec. (e). 1990—Subsec. (d). Pub. L. 101508 added subsec. (d). 1977—Subsec. (a). Pub. L. 95216, § 355(a), substituted “cash remuneration to which paragraph (7)(B) of section 3121(a) is applicable” for “cash remuneration to which paragraph (7)(B) or (C) or (10) of section 3121(a) is applicable” and inserted “and an employer who in any calendar year pays to an employee cash remuneration to which paragraph (7)(C) or (10) of section 3121(a) is applicable may deduct an amount equivalent to such tax from any such payment of remuneration, even though at the time of payment the total amount of such remuneration paid to the employee by the employer in the calendar year is less than $100;”. Subsec. (c)(1), (2). Pub. L. 95216, § 355(b)(1), substituted “year” for “quarter” wherever appearing. Subsec. (c)(3)(A). Pub. L. 95216, § 355(b)(2)(A), substituted “in any calendar year” for “in any quarter of the calendar year”. Subsec. (c)(3)(B), (C). Pub. L. 95216, § 355(b)(2)(B), substituted “year” for “quarter” wherever appearing. 1976—Subsec. (c)(3). Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1965—Subsec. (a). Pub. L. 8997, § 313(c)(2), inserted provisions at end of second sentence allowing a deduction from any wages of an employee of an amount equivalent to the tax on tips when an employer is furnished with a written statement of tips received by an employee. Subsec. (c). Pub. L. 8997, § 313(c)(1), added subsec. (c). 1956—Subsec. (a). Act Aug. 1, 1956, substituted “$150 and the employee has not performed agricultural labor for the employer on 20 days or more in the calendar year for cash remuneration computed on a time basis” for “$100”. 1954—Subsec. (a). Act Sept. 1, 1954, inserted last sentence permitting in certain instances an employer to deduct employee tax even though payment to employee is less than $50 for calendar quarter or $100 for calendar year.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111148 applicable with respect to remuneration received, and taxable years beginning, after Dec. 31, 2012, see section 9015(c) of Pub. L. 111148, set out as a note under section 164 of this title.
Effective Date of 1994 AmendmentsPub. L. 103387, § 2(a)(3), Oct. 22, 1994, 108 Stat. 4072, provided that: “(A) In general.—Except as provided in subparagraph (B), the amendments made by this subsection [amending this section, section 3121 of this title, and sections 409 and 410 of Title 42, The Public Health and Welfare] shall apply to remuneration paid after December 31, 1993. “(B) Excluded employment.—The amendments made by paragraphs (1)(C) and (2)(B) [amending section 3121 of this title and section 410 of Title 42] shall apply to services performed after December 31, 1994.” Amendment by Pub. L. 103296 applicable with respect to service performed after calendar quarter following calendar quarter in which Aug. 15, 1994, occurs, see section 319(c) of Pub. L. 103296, set out as a note under section 1402 of this title.
Effective Date of 1990 AmendmentPub. L. 101508, title V, § 5124(c), Nov. 5, 1990, 104 Stat. 1388285, provided that: “The amendments made by this section [amending this section and section 3202 of this title] shall apply to coverage provided after December 31, 1990.”
Effective Date of 1977 AmendmentPub. L. 95216, title III, § 355(c), Dec. 20, 1977, 91 Stat. 1555, provided that: “The amendments made by this section [amending this section] shall apply with respect to remuneration paid and to tips received after December 31, 1977.”
Effective Date of 1965 AmendmentAmendment by Pub. L. 8997 applicable only with respect to tips received by employees after 1965, see section 313(f) of Pub. L. 8997, set out as an Effective Date note under section 6053 of this title.
No Loss of Social Security Coverage for 1994; Continuation of W2 Filing RequirementPub. L. 103387, § 2(a)(4), Oct. 22, 1994, 108 Stat. 4072, provided that: “Notwithstanding the amendments made by this subsection [amending this section, section 3121 of this title, and sections 409 and 410 of Title 42, The Public Health and Welfare], if the wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) paid during 1994 to an employee for domestic service in a private home of the employer are less than $1,000— “(A) the employer shall file any return or statement required under section 6051 of such Code with respect to such wages (determined without regard to such amendments), and “(B) the employee shall be entitled to credit under section 209 of the Social Security Act [42 U.S.C. 409] with respect to any such wages required to be included on any such return or statement.”
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title: "26 U.S.C. § 3112"
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title_name: "INTERNAL REVENUE CODE"
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# 26 U.S.C. § 3112 - Instrumentalities of the United States
## Text
Notwithstanding any other provision of law (whether enacted before or after the enactment of this section) which grants to any instrumentality of the United States an exemption from taxation, such instrumentality shall not be exempt from the tax imposed by section 3111 unless 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.)
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title: "26 U.S.C. § 3113"
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# 26 U.S.C. § 3113 - Repealed. Pub. L. 94455, title XIX, § 1903(a)(2), Oct. 4, 1976, 90 Stat. 1806]
## Notes
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 respect to the tax imposed by section 3111 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable with respect to wages paid after Dec. 31, 1976, see section 1903(d) of Pub. L. 94455, set out as an Effective Date of 1976 Amendment note under section 3101 of this title.
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# 26 U.S.C. § 3122 - Federal service
## Text
In the case of the taxes imposed by this chapter with respect to service performed in the employ of the United States or in the employ of any instrumentality which is wholly owned by the United States, including such service which is medicare qualified government employment (as defined in section 3121(u)(3)), including service, performed as a member of a uniformed service, to which the provisions of section 3121(m)(1) are applicable, and including service, performed as a volunteer or volunteer leader within the meaning of the Peace Corps Act, to which the provisions of section 3121(p) are applicable, the determination of the amount of remuneration for such service, and the return and payment of the taxes imposed by this chapter, shall be made by the head of the Federal agency or instrumentality having the control of such service, or by such agents as such head may designate. In the case of the taxes imposed by this chapter with respect to service performed in the employ of an international organization pursuant to a transfer to which the provisions of section 3121(y) are applicable, the determination of the amount of remuneration for such service, and the return and payment of the taxes imposed by this chapter, shall be made by the head of the Federal agency from which the transfer was made. Nothing in this paragraph shall be construed to affect the Secretarys authority to determine under subsections (a) and (b) of section 3121 whether any such service constitutes employment, the periods of such employment, and whether remuneration paid for any such service constitutes wages. The person making such return may, for convenience of administration, make payments of the tax imposed under section 3111 with respect to such service without regard to the contribution and benefit base limitation in section 3121(a)(1), and he shall not be required to obtain a refund of the tax paid under section 3111 on that part of the remuneration not included in wages by reason of section 3121(a)(1). Payments of the tax imposed under section 3111 with respect to service, performed by an individual as a member of a uniformed service, to which the provisions of section 3121(m)(1) are applicable, shall be made from appropriations available for the pay of members of such uniformed service. The provisions of this section shall be applicable in the case of service performed by a civilian employee, not compensated from funds appropriated by the Congress, in the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Exchanges, Marine Corps Exchanges, or other activities, conducted by an instrumentality of the United States subject to the jurisdiction of the Secretary of Defense, at installations of the Department of Defense for the comfort, pleasure, contentment, and mental and physical improvement of personnel of such Department; and for purposes of this section the Secretary of Defense shall be deemed to be the head of such instrumentality. The provisions of this section shall be applicable also in the case of service performed by a civilian employee, not compensated from funds appropriated by the Congress, in the Coast Guard Exchanges or other activities, conducted by an instrumentality of the United States subject to the jurisdiction of the Secretary of the Department in which the Coast Guard is operating, at installations of the Coast Guard for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the Coast Guard; and for purposes of this section the Secretary of the Department in which the Coast Guard is operating shall be deemed to be the head of such instrumentality.
(Aug. 16, 1954, ch. 736, 68A Stat. 428; Sept. 1, 1954, ch. 1206, title II, §§ 202(c), 203(a), 68 Stat. 1090; Aug. 1, 1956, ch. 837, title IV, § 411(b), (c), 70 Stat. 879; Pub. L. 85840, title IV, § 402(c), Aug. 28, 1958, 72 Stat. 1042; Pub. L. 85866, title I, § 70, Sept. 2, 1958, 72 Stat. 1660; Pub. L. 87293, title II, § 202(a)(3), Sept. 22, 1961, 75 Stat. 626; Pub. L. 8997, title III, § 320(b)(3), July 30, 1965, 79 Stat. 393; Pub. L. 90248, title I, § 108(b)(3), Jan. 2, 1968, 81 Stat. 835; Pub. L. 925, title II, § 203(b)(3), Mar. 17, 1971, 85 Stat. 11; Pub. L. 92236, § 203(b)(3), July 1, 1972, 86 Stat. 419; Pub. L. 9366, § 203(b)(3), (d), July 9, 1973, 87 Stat. 153; Pub. L. 93233, § 5(b)(3), (d), Dec. 31, 1973, 87 Stat. 954; Pub. L. 94455, title XIX, § 1903(a)(4), Oct. 4, 1976, 90 Stat. 1807; Pub. L. 97248, title II, § 278(a)(3), Sept. 3, 1982, 96 Stat. 560; Pub. L. 99272, title XIII, § 13205(a)(2)(C), Apr. 7, 1986, 100 Stat. 315; Pub. L. 100647, title VIII, § 8015(a)(2), Nov. 10, 1988, 102 Stat. 3791; Pub. L. 101508, title XI, § 11331(d)(2), Nov. 5, 1990, 104 Stat. 1388468; Pub. L. 10366, title XIII, § 13207(d)(4), Aug. 10, 1993, 107 Stat. 468; Pub. L. 103296, title III, § 319(a)(2), Aug. 15, 1994, 108 Stat. 1534; Pub. L. 109241, title IX, § 902(i), July 11, 2006, 120 Stat. 567.)
## Notes
Editorial Notes
References in TextThe Peace Corps Act, referred to in text, is Pub. L. 87293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 22 and Tables.
Amendments2006—Pub. L. 109241 substituted “Secretary of the Department in which the Coast Guard is operating” for “Secretary of Transportation” in two places. 1994—Pub. L. 103296 inserted after first sentence “In the case of the taxes imposed by this chapter with respect to service performed in the employ of an international organization pursuant to a transfer to which the provisions of section 3121(y) are applicable, the determination of the amount of remuneration for such service, and the return and payment of the taxes imposed by this chapter, shall be made by the head of the Federal agency from which the transfer was made.” 1993—Pub. L. 10366 substituted “contribution and benefit base limitation” for “applicable contribution base limitation”. 1990—Pub. L. 101508 substituted “applicable contribution base limitation” for “contribution and benefit base limitation”. 1988—Pub. L. 100647 struck out from first sentence “the determination whether an individual has performed service which constitutes employment as defined in section 3121(b),” after “section 3121(p) are applicable,” and “which constitutes wages as defined in section 3121(a)” after “remuneration for such service”, and inserted after first sentence “Nothing in this paragraph shall be construed to affect the Secretarys authority to determine under subsections (a) and (b) of section 3121 whether any such service constitutes employment, the periods of such employment, and whether remuneration paid for any such service constitutes wages.” 1986—Pub. L. 99272 substituted “including such service which is medicare qualified government employment (as defined in section 3121(u)(3))” for “including service which is medicare qualified Federal employment (as defined in section 3121(u)(2))”. 1982—Pub. L. 97248 inserted “including service which is medicare qualified Federal employment (as defined in section 3121(u)(2)),”. 1976—Pub. L. 94455 substituted “Secretary of Transportation” for “Secretary” in two places. 1973—Pub. L. 93233, § 5(b)(3), effective with respect to remuneration paid after 1973, substituted “$13,200” for “$12,600”. Pub. L. 93233, § 5(d), applicable only with respect to remuneration paid after, and taxable year beginning after, 1973 (as provided in section 5(e) of Pub. L. 93233, set out as a note under section 409 of Title 42), amended section 203(b)(3)(C) of Pub. L. 92336 (set out as 1973 Amendment note hereunder) substituting “$13,200” for “$12,600”. Pub. L. 9366, § 203(b)(3), effective with respect to remuneration paid after 1973, substituted “$12,600” for “$12,000”. Pub. L. 9366, § 203(d), applicable only with respect to remuneration paid after, and taxable years beginning after, 1973 (as provided in section 203(e) of Pub. L. 9366, set out as a note under section 409 of Title 42), amended section 203(b)(3)(C) of Pub. L. 92336 (set out as 1972 Amendment note hereunder) substituting “$12,600” for “$12,000”. 1972—Pub. L. 92336, § 203(b)(3)(A), substituted “$10,800” for “$9,000”. Pub. L. 92336, § 203(b)(3)(B), effective with respect to remuneration paid after 1973, substituted “$12,000” for “$10,800”. Pub. L. 92336, § 203(b)(3)(C), effective with respect to remuneration paid after 1974, substituted “contribution and benefit base” for “$12,000”. 1971—Pub. L. 925 substituted “$9,000” for “$7,800”. 1968—Pub. L. 90248 substituted “$7,800” for “$6,600” in second sentence. 1965—Pub. L. 8997 substituted “$6,600” for “$4,800”. 1961—Pub. L. 87293 inserted “and including service, performed as a volunteer or volunteer leader within the meaning of the Peace Corps Act, to which the provisions of section 3121(p) are applicable,” after “section 3121(m)(1) are applicable,”. 1958—Pub. L. 85866 substituted “section” for “subsection” wherever appearing. Pub. L. 85840 substituted “$4,800” for $4,200”. 1956—Act Aug. 1, 1956, included taxes with respect to service, performed as a member of a uniformed service, to which provisions of section 3121(m)(1) of this title are applicable, and authorized payment of tax imposed under section 3111 of this title from appropriations available for pay of members of the uniformed service. 1954—Act Sept. 1, 1954, § 202(c), substituted “$4,200” for “$3,600”. Act Sept. 1, 1954, § 203(a), inserted provisions making section applicable to services performed by a civilian employee in the Coast Guard Exchanges or certain other activities at Coast Guard installations.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103296 applicable with respect to service performed after calendar quarter following calendar quarter in which Aug. 15, 1994, occurs, see section 319(c) of Pub. L. 103296, set out as a note under section 1402 of this title.
Effective Date of 1993 AmendmentAmendment by Pub. L. 10366 applicable to 1994 and later calendar years, see section 13207(e) of Pub. L. 10366, set out as a note under section 1402 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 applicable to 1991 and later calendar years, see section 11331(e) of Pub. L. 101508, set out as a note under section 1402 of this title.
Effective Date of 1988 AmendmentPub. L. 100647, title VIII, § 8015(a)(3), Nov. 10, 1988, 102 Stat. 3791, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section 405 of Title 42, The Public Health and Welfare] shall apply to determinations relating to service commenced in any position on or after the date of the enactment of this Act [Nov. 10, 1988].”
Effective Date of 1986 AmendmentAmendment by Pub. L. 99272 applicable to services performed after Mar. 31, 1986, see section 13205(d)(1) of Pub. L. 99272, set out as a note under section 3121 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97248 applicable to remuneration paid after Dec. 31, 1982, see section 278(c)(1) of Pub. L. 97248, set out as a note under section 3121 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 applicable with respect to wages paid after Dec. 31, 1976, see section 1903(d) of Pub. L. 94455, set out as a note under section 3101 of this title.
Effective Date of 1973 AmendmentsAmendment by Pub. L. 93233 applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 5(e) of Pub. L. 93233, set out as a note under section 409 of Title 42, The Public Health and Welfare. Amendment by Pub. L. 9366 applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 203(e) of Pub. L. 9366, set out as a note under section 409 of Title 42.
Effective Date of 1972 AmendmentAmendment by Pub. L. 92336 applicable only with respect to remuneration paid after December 1972, see section 203(c) of Pub. L. 92336, set out as a note under section 409 of Title 42, The Public Health and Welfare.
Effective Date of 1971 AmendmentAmendment by Pub. L. 925 applicable only with respect to remuneration paid after December 1971, see section 203(c) of Pub. L. 925, set out as a note under section 409 of Title 42, The Public Health and Welfare.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90248 applicable only with respect to remuneration paid after December 1967, see section 108(c) of Pub. L. 90248, set out as a note under section 409 of Title 42, The Public Health and Welfare.
Effective Date of 1965 AmendmentAmendment by Pub. L. 8997 applicable with respect to remuneration paid after December, 1965, see section 320(c) of Pub. L. 8997, set out as a note under section 3121 of this title.
Effective Date of 1961 AmendmentAmendment by Pub. L. 87293 applicable with respect to service performed after Sept. 22, 1961, but in the case of persons serving under the Peace Corps agency established by executive order applicable with respect to service performed on or after the effective date of enrollment, see section 202(c) of Pub. L. 87293, set out as a note under section 3121 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85840 applicable only with respect to remuneration paid after 1958, see section 402(e) of Pub. L. 85840, set out as a note under section 3121 of this title.
Effective Date of 1956 AmendmentAmendment by act Aug. 1, 1956, effective Jan. 1, 1956, see act Aug. 1, 1956, ch. 837, title VI, § 603(a), 70 Stat. 887.
Effective Date of 1954 AmendmentAmendment by section 202(c) of act Sept. 1, 1954, applicable only with respect to remuneration paid after 1954, see section 202(d) of act Sept. 1, 1954, set out as a note under section 1401 of this title. Act Sept. 1, 1954, ch. 1206, title II, § 203(b), 68 Stat. 1091, provided that: “The amendment made by subsection (a) [amending this section] shall become effective January 1, 1955.”
Repeals; Amendments and Application of Amendment UnaffectedSection 202(a)(3) of Pub. L. 87293, cited as a credit to this section, was repealed by Pub. L. 89572, § 5(a), Sept. 13, 1966, 80 Stat. 765. Such repeal not deemed to affect amendments to this section contained in such provisions, and continuation in full force and effect until modified by appropriate authority of all determinations, authorization, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of the repealed provisions, see section 5(b) of Pub. L. 89572, set out as a note under section 2515 of Title 22, Foreign Relations and Intercourse.
@@ -0,0 +1,35 @@
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# 26 U.S.C. § 3123 - Deductions as constructive payments
## Text
Whenever under this chapter or any act of Congress, or under the law of any State, an employer is required or permitted to deduct any amount from the remuneration of an employee and to pay the amount deducted to the United States, a State, or any political subdivision thereof, then for purposes of this chapter the amount so deducted shall be considered to have been paid to the employee at the time of such deduction.
(Aug. 16, 1954, ch. 736, 68A Stat. 429.)
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# 26 U.S.C. § 3124 - Estimate of revenue reduction
## Text
The Secretary at intervals of not longer than 3 years shall estimate the reduction in the amount of taxes collected under this chapter by reason of the operation of section 3121(b)(9) and shall include such estimate in his annual report.
(Aug. 16, 1954, ch. 736, 68A Stat. 429; Sept. 1, 1954, ch. 1206, title II, § 205(b), 68 Stat. 1091; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1954—Act Sept. 1, 1954, substituted “section 3121(b)(9)” for “section 3121(b)(10)”.
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# 26 U.S.C. § 3125 - Returns in the case of governmental employees in States, Guam, American Samoa, and the District of Columbia
## Text
(a) States Except as otherwise provided in this section, in the case of the taxes imposed by sections 3101(b) and 3111(b) with respect to service performed in the employ of a State or any political subdivision thereof (or any instrumentality of any one or more of the foregoing which is wholly owned thereby), the return and payment of such taxes may be made by the head of the agency or instrumentality having the control of such service, or by such agents as such head may designate. The person making such return may, for convenience of administration, make payments of the tax imposed under section 3111 with respect to the service of such individuals without regard to the contribution and benefit base limitation in section 3121(a)(1).
(b) Guam The return and payment of the taxes imposed by this chapter on the income of individuals who are officers or employees of the Government of Guam or any political subdivision thereof or of any instrumentality of any one or more of the foregoing which is wholly owned thereby, and those imposed on such Government or political subdivision or instrumentality with respect to having such individuals in its employ, may be made by the Governor of Guam or by such agents as he may designate. The person making such return may, for convenience of administration, make payments of the tax imposed under section 3111 with respect to the service of such individuals without regard to the contribution and benefit base limitation in section 3121(a)(1).
(c) American Samoa The return and payment of the taxes imposed by this chapter on the income of individuals who are officers or employees of the Government of American Samoa or any political subdivision thereof or of any instrumentality of any one or more of the foregoing which is wholly owned thereby, and those imposed on such Government or political subdivision or instrumentality with respect to having such individuals in its employ, may be made by the Governor of American Samoa or by such agents as he may designate. The person making such return may, for convenience of administration, make payments of the tax imposed under section 3111 with respect to the service of such individuals without regard to the contribution and benefit base limitation in section 3121(a)(1).
(d) District of Columbia In the case of the taxes imposed by this chapter with respect to service performed in the employ of the District of Columbia or in the employ of any instrumentality which is wholly owned thereby, the return and payment of the taxes may be made by the Mayor of the District of Columbia or such agents as he may designate. The person making such return may, for convenience of administration, make payments of the tax imposed by section 3111 with respect to such service without regard to the contribution and benefit base limitation in section 3121(a)(1).
(Added Pub. L. 86778, title I, § 103(q)(1), Sept. 13, 1960, 74 Stat. 939; amended Pub. L. 8997, title III, §§ 317(c)(1), (2), 320(b)(4), July 30, 1965, 79 Stat. 389, 393; Pub. L. 90248, title I, § 108(b)(4), Jan. 2, 1968, 81 Stat. 835; Pub. L. 925, title II, § 203(b)(4), Mar. 17, 1971, 85 Stat. 11; Pub. L. 92336, title II, § 203(b)(4), July 1, 1972, 86 Stat. 419; Pub. L. 9366, title II, § 203(b)(4), (d), July 9, 1973, 87 Stat. 153; Pub. L. 93233, § 5(b)(4), (d), Dec. 31, 1973, 87 Stat. 954; Pub. L. 94455, title XIX, § 1903(a)(5), Oct. 4, 1976, 90 Stat. 1807; Pub. L. 99272, title XIII, § 13205(a)(2)(A)(i), (ii), Apr. 7, 1986, 100 Stat. 315; Pub. L. 101508, title XI, § 11331(d)(2), Nov. 5, 1990, 104 Stat. 1388468; Pub. L. 10366, title XIII, § 13207(d)(4), Aug. 10, 1993, 107 Stat. 468.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3125 was renumbered section 3128 of this title.
Amendments1993—Pub. L. 10366 which directed the amendment of this section by substituting “contribution and benefit base limitation” for “applicable contribution base limitation” without specifying where the substitution was to be made, was executed by making the substitution in subsecs. (a) to (d) to reflect the probable intent of Congress. 1990—Pub. L. 101508 substituted “applicable contribution base limitation” for “contribution and benefit base limitation” in subsecs. (a) to (d). 1986—Pub. L. 99272 inserted “States” in section catchline, added subsec. (a), and redesignated former subsecs. (a) to (c) as (b) to (d), respectively. 1976—Subsec. (c). Pub. L. 94455 substituted “Mayor of the District of Columbia or such agents as he may designate” for “Commissioners of the District of Columbia or such agents as they may designate”. 1973—Pub. L. 93233, § 5(b)(4), effective with respect to remuneration paid after 1973, substituted “$13,200” for “$12,600” wherever appearing. Pub. L. 93233, § 5(d), applicable only with respect to remuneration paid after, and taxable years beginning after, 1973 (as provided in section 5(e) of Pub. L. 93233, set out as a note under section 409 of Title 42), amended section 203(b)(4)(C) of Pub. L. 92336 (set out as 1973 Amendment note hereunder) substituting “$13,200” for “$12,600”. Pub. L. 9366, § 203(b)(4), effective with respect to remuneration paid after 1973, substituted “$12,600” for “$12,000” wherever appearing. Pub. L. 9366, § 203(d), applicable only with respect to remuneration paid after, and taxable years beginning after, 1973 (as provided in section 203(e) of Pub. L. 9366, set out as a note under section 409 of Title 42), amended section 203(b)(4)(C) of Pub. L. 92336 (set out as 1972 Amendment note hereunder) substituting “$12,600” for “$12,000”. 1972—Pub. L. 92336, § 203(b)(4)(A), substituted “$10,800” for “$9,000” wherever appearing. Pub. L. 92336, § 203(b)(4)(B), effective with respect to remuneration paid after 1973, substituted “$12,000” for “$10,800” wherever appearing. Pub. L. 92336, § 203(b)(4)(C), effective with respect to remuneration paid after 1974, substituted “contribution and benefit base” for “$12,000”. 1971—Pub. L. 925 substituted “$9,000” for “$7,800” wherever appearing. 1968—Pub. L. 90248 substituted “$7,800” for “$6,600” wherever appearing. 1965—Subsecs. (a), (b). Pub. L. 8997, § 320(b)(4), substituted “$6,600” for “$4,800”. Subsec. (c). Pub. L. 8997, § 317(c)(1), added subsec. (c) and inserted reference to District of Columbia in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 1993 AmendmentAmendment by Pub. L. 10366 applicable to 1994 and later calendar years, see section 13207(e) of Pub. L. 10366, set out as a note under section 1402 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 applicable to 1991 and later calendar years, see section 11331(e) of Pub. L. 101508, set out as a note under section 1402 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99272 applicable to services performed after Mar. 31, 1986, see section 13205(d)(1) of Pub. L. 99272, set out as a note under section 3121 of this title.
Effective Date of 1973 AmendmentsAmendment by Pub. L. 93233 applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 5(e) of Pub. L. 93233, set out as a note under section 409 of Title 42, The Public Health and Welfare. Amendment by Pub. L. 9366 applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 203(e) of Pub. L. 9366, set out as a note under section 409 of Title 42.
Effective Date of 1972 AmendmentAmendment by Pub. L. 92336 applicable only with respect to remuneration paid after December 1972, see section 203(c) of Pub. L. 92336, set out as a note under section 409 of Title 42, The Public Health and Welfare.
Effective Date of 1971 AmendmentAmendment by Pub. L. 925 applicable only with respect to remuneration paid after December 1971, see section 203(c) of Pub. L. 925, set out as a note under section 409 of Title 42, The Public Health and Welfare.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90248 applicable only with respect to remuneration paid after December 1967, see section 108(c) of Pub. L. 90248, set out as a note under section 409 of Title 42, The Public Health and Welfare.
Effective Date of 1965 AmendmentAmendment by section 317(c)(1), (2) of Pub. L. 8997 applicable with respect to services performed after quarter ending September 30, 1965, and after quarter in which Secretary of the Treasury receives a certification from Commissioners of District of Columbia expressing their desire to have insurance system established by section 401 et seq. and 1395c et seq. of Title 42, The Public Health and Welfare, extended to officers and employees coming under provisions of such amendments, see section 317(g) of Pub. L. 8997, set out as a note under section 410 of Title 42. Amendment by section 320(b)(4) of Pub. L. 8997 applicable with respect to remuneration paid after December 1965, see section 320(c) of Pub. L. 8997, set out as a note under section 3121 of this title.
Effective DateSection applicable only with respect to (1) service in the employ of the Government of Guam or any political subdivision thereof, or any instrumentality of any one or more of the foregoing wholly owned thereby, which is performed after 1960 and after the calendar quarter in which the Secretary of the Treasury receives a certification by the Governor of Guam that legislation has been enacted by the Government of Guam expressing its desire to have the insurance system established by title II of the Social Security Act (42 U.S.C. 401 et seq.) extended to the officers and employees of such Government and such political subdivisions and instrumentalities, and (2) service in the employ of the Government of American Samoa or any political subdivision thereof or any instrumentality of any one or more of the foregoing wholly owned thereby, which is performed after 1960 and after the calendar quarter in which the Secretary of the Treasury receives a certification by the Governor of American Samoa that the Government of American Samoa desires to have the insurance system established by title II of the Social Security Act extended to the officers and employees of such Government and such political subdivisions and instrumentalities, see section 103(v)(1) of Pub. L. 86778, set out as an Effective Date of 1960 Amendment note under section 402 of Title 42, The Public Health and Welfare.
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# 26 U.S.C. § 3126 - Return and payment by governmental em­ployer
## Text
If the employer is a State or political subdivision thereof, or an agency or instrumentality of any one or more of the foregoing, the return of the amount deducted and withheld upon any wages under section 3101 and the amount of the tax imposed by section 3111 may be made by any officer or employee of such State or political subdivision or such agency or instrumentality, as the case may be, having control of the payment of such wages, or appropriately designated for that purpose.
(Added Pub. L. 99509, title IX, § 9002(a)(1), Oct. 21, 1986, 100 Stat. 1970.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3126 was renumbered section 3128 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection, except as otherwise provided, effective with respect to payments due with respect to wages paid after Dec. 31, 1986, including wages paid after such date by a State (or political subdivision thereof) that modified its agreement pursuant to section 418(e)(2) of Title 42, The Public Health and Welfare, see section 9002(d) of Pub. L. 99509, set out as an Effective Date of 1986 Amendment note under section 418 of Title 42.
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# 26 U.S.C. § 3127 - Exemption for employers and their employees where both are members of religious faiths opposed to participation in Social Security Act programs
## Text
(a) In general Notwithstanding any other provision of this chapter (and under regulations prescribed to carry out this section), in any case where—
(1) an employer (or, if the employer is a partnership, each partner therein) is a member of a recognized religious sect or division thereof described in section 1402(g)(1) and an adherent of established tenets or teachings of such sect or division as described in such section, and has filed and had approved under subsection (b) an application (in such form and manner, and with such official, as may be prescribed by such regulations) for an exemption from the taxes imposed by section 3111, and
(2) an employee of such employer who is also a member of such a religious sect or division and an adherent of its established tenets or teachings has filed and had approved under subsection (b) an identical application for exemption from the taxes imposed by section 3101,
such employer shall be exempt from the taxes imposed by section 3111 with respect to wages paid to each of the employees thereof who meets the requirements of paragraph (2) and each such employee shall be exempt from the taxes imposed by section 3101 with respect to such wages paid to him by such employer.
(b) Approval of application An application for exemption filed by an employer (or a partner) under subsection (a)(1) or by an employee under subsection (a)(2) shall be approved only if—
(1) such application contains or is accompanied by the evidence described in section 1402(g)(1)(A) and a waiver described in section 1402(g)(1)(B),
(2) the Commissioner of Social Security makes the findings (with respect to such sect or division) described in section 1402(g)(1)(C), (D), and (E), and
(3) no benefit or other payment referred to in section 1402(g)(1)(B) became payable (or, but for section 203 of the Social Security Act, would have become payable) to the individual filing the application at or before the time of such filing.
(c) Effective period of exemption An exemption granted under this section to any employer with respect to wages paid to any of the employees thereof, or granted to any such employee, shall apply with respect to wages paid by such employer during the period—
(1) commencing with the first day of the first calendar quarter, after the quarter in which such application is filed, throughout which such employer (or, if the employer is a partnership, each partner therein) or employee meets the applicable requirements specified in subsections (a) and (b), and
(2) ending with the last day of the calendar quarter preceding the first calendar quarter thereafter in which (A) such employer (or, if the employer is a partnership, any partner therein) or the employee involved does not meet the applicable requirements of subsection (a), or (B) the sect or division thereof of which such employer (or, if the employer is a partnership, any partner therein) or employee is a member is found by the Commissioner of Social Security to have ceased to meet the requirements of subsection (b)(2).
(Added Pub. L. 100647, title VIII, § 8007(a)(1), Nov. 10, 1988, 102 Stat. 3781; amended Pub. L. 101239, title X, § 10204(b)(1), Dec. 19, 1989, 103 Stat. 2474; Pub. L. 103296, title I, § 108(h)(3), Aug. 15, 1994, 108 Stat. 1487; Pub. L. 115141, div. U, title IV, § 401(b)(35), Mar. 23, 2018, 132 Stat. 1204.)
## Notes
Editorial Notes
References in TextSection 203 of the Social Security Act, referred to in subsec. (b)(3), is classified to section 403 of Title 42, The Public Health and Welfare.
Prior ProvisionsA prior section 3127 was renumbered section 3128 of this title.
Amendments2018—Subsec. (b)(3). Pub. L. 115141 struck out “or 222(b)” after “section 203”. 1994—Subsecs. (b)(2), (c)(2). Pub. L. 103296 substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”. 1989—Subsec. (a). Pub. L. 101239, § 10204(b)(1)(B), substituted “the employees thereof” for “his employees” in concluding provisions. Subsec. (a)(1). Pub. L. 101239, § 10204(b)(1)(A), inserted “(or, if the employer is a partnership, each partner therein)” after “an employer”. Subsec. (b). Pub. L. 101239, § 10204(b)(1)(C), inserted “(or a partner)” after “an employer” in introductory provisions. Subsec. (c). Pub. L. 101239, § 10204(b)(1)(D), substituted “the employees thereof” for “his employees” in introductory provisions. Subsec. (c)(1). Pub. L. 101239, § 10204(b)(1)(E), inserted “(or, if the employer is a partnership, each partner therein)”. Subsec. (c)(2). Pub. L. 101239, § 10204(b)(1)(F), substituted “such employer (or, if the employer is a partnership, any partner therein) or the employee involved does not meet” for “such employer or the employee involved ceases to meet” in cl. (A) and inserted “(or, if the employer is a partnership, any partner therein)” after “such employer” in cl. (B).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103296, set out as a note under section 401 of Title 42, The Public Health and Welfare.
Effective Date of 1989 AmendmentPub. L. 101239, title X, § 10204(b)(2), Dec. 19, 1989, 103 Stat. 2474, provided that: “The amendments made by this subsection [amending this section] shall be effective as if they were included in the amendments made by section 8007(a)(1) of the Technical and Miscellaneous Revenue Act of 1988 (102 Stat. 3781) [Pub. L. 100647].”
Effective DateSection applicable to wages paid after Dec. 31, 1988, see section 8007(d) of Pub. L. 100647, set out as an Effective Date of 1988 Amendment note under section 1402 of this title.
Savings ProvisionFor provisions that nothing in amendment by Pub. L. 115141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115141, set out as a note under section 23 of this title.
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# 26 U.S.C. § 3128 - Short title
## Text
This chapter may be cited as the “Federal Insurance Contributions Act.”
(Aug. 16, 1954, ch. 736, 68A Stat. 429, § 3125; renumbered § 3126, Pub. L. 86778, title I, § 103(q)(1), Sept. 13, 1960, 74 Stat. 939; renumbered § 3127, Pub. L. 99509, title IX, § 9002(a)(1), Oct. 21, 1986, 100 Stat. 1970; renumbered § 3128, Pub. L. 100647, title VIII, § 8007(a)(1), Nov. 10, 1988, 102 Stat. 3781.)
## Notes
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentAmendment by Pub. L. 99509, except as otherwise provided, effective with respect to payments due with respect to wages paid after Dec. 31, 1986, including wages paid after such date by a State (or political subdivision thereof) that modified its agreement pursuant to section 418(e)(2) of Title 42, The Public Health and Welfare, see section 9002(d) of Pub. L. 99509, set out as a note under section 418 of Title 42.
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# 26 U.S.C. § 3131 - Credit for paid sick leave
## Text
(a) In general In the case of an employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the qualified sick leave wages paid by such employer with respect to such calendar quarter.
(b) Limitations and refundability (1) Wages taken into account The amount of qualified sick leave wages taken into account under subsection (a), plus any increases under subsection (e), with respect to any individual shall not exceed $200 ($511 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act, applied with the modification described in subsection (c)(2)(A)(i)) for any day (or portion thereof) for which the individual is paid qualified sick leave wages.
(2) Overall limitation on number of days taken into account The aggregate number of days taken into account under paragraph (1) for any calendar quarter shall not exceed the excess (if any) of—
(A) 10, over
(B) the aggregate number of days so taken into account during preceding calendar quarters in such calendar year (other than the first quarter of calendar year 2021).
(3) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes for such calendar quarter on the wages paid with respect to the employment of all employees of the employer.
(4) Refundability of excess credit (A) Credit is refundable If the amount of the credit under subsection (a) exceeds the limitation of paragraph (3) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b).
(B) Advancing credit In anticipation of the credit, including the refundable portion under subparagraph (A), the credit shall be advanced, according to forms and instructions provided by the Secretary, up to an amount calculated under subsection (a), subject to the limits under paragraph (1) and (2), all calculated through the end of the most recent payroll period in the quarter.
(c) Qualified sick leave wages For purposes of this section—
(1) In general The term “qualified sick leave wages” means wages paid by an employer which would be required to be paid by reason of the Emergency Paid Sick Leave Act as if such Act applied after March 31, 2021.
(2) Rules of application For purposes of determining whether wages are qualified sick leave wages under paragraph (1)—
(A) In general The Emergency Paid Sick Leave Act shall be applied—
(i) by inserting “, the employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID19 and such employee has been exposed to COVID19 or the employees employer has requested such test or diagnosis, or the employee is obtaining immunization related to COVID19 or recovering from any injury, disability, illness, or condition related to such immunization” after “medical diagnosis” in section 5102(a)(3) thereof, and
(ii) by applying section 5102(b)(1) of such Act separately with respect to each calendar year after 2020 (and, in the case of calendar year 2021, without regard to the first quarter thereof).
(B) Leave must meet requirements If an employer fails to comply with any requirement of such Act (determined without regard to section 5109 thereof) with respect to paid sick time (as defined in section 5110 of such Act), amounts paid by such employer with respect to such paid sick time shall not be taken into account as qualified sick leave wages. For purposes of the preceding sentence, an employer which takes an action described in section 5104 of such Act shall be treated as failing to meet a requirement of such Act.
(d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employers qualified health plan expenses as are properly allocable to the qualified sick leave wages for which such credit is so allowed.
(2) Qualified health plan expenses For purposes of this subsection, the term “qualified health plan expenses” means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a).
(3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified sick leave wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate).
(e) Allowance of credit for amounts paid under certain collectively bargained agreements (1) In general The amount of the credit allowed under subsection (a) shall be increased by the sum of—
(A) so much of the employers collectively bargained defined benefit pension plan contributions as are properly allocable to the qualified sick leave wages for which such credit is so allowed, plus
(B) so much of the employers collectively bargained apprenticeship program contributions as are properly allocable to the qualified sick leave wages for which such credit is so allowed.
(2) Collectively bargained defined benefit pension plan contributions For purposes of this subsection—
(A) In general The term “collectively bargained defined benefit pension plan contributions” means, with respect to any calendar quarter, contributions which—
(i) are paid or incurred by an employer during the calendar quarter on behalf of its employees to a defined benefit plan (as defined in section 414(j)), which meets the requirements of section 401(a),
(ii) are made based on a pension contribution rate, and
(iii) are required to be made pursuant to the terms of a collective bargaining agreement in effect with respect to such calendar quarter.
(B) Pension contribution rate The term “pension contribution rate” means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collective bargaining agreement for benefits under a defined benefit plan under such agreement, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301(a)(11)).11 So in original. Another closing parenthesis probably should precede the period.
(C) Allocation rules The amount of collectively bargained defined benefit pension plan contributions allocated to qualified sick leave wages for any calendar quarter shall be the product of—
(i) the pension contribution rate (expressed as an hourly rate), and
(ii) the number of hours for which qualified sick leave wages were provided to employees covered under the collective bargaining agreement described in subparagraph (A)(iii) during the calendar quarter.
(3) Collectively bargained apprenticeship program contributions For purposes of this section—
(A) In general The term “collectively bargained apprenticeship program contributions” means, with respect to any calendar quarter, contributions which—
(i) are paid or incurred by an employer on behalf of its employees with respect to the calendar quarter to a registered apprenticeship program,
(ii) are made based on an apprenticeship program contribution rate, and
(iii) are required to be made pursuant to the terms of a collective bargaining agreement that is in effect with respect to such calendar quarter.
(B) Registered apprenticeship program The term “registered apprenticeship program” means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.
(C) Apprenticeship program contribution rate The term “apprenticeship program contribution rate” means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collective bargaining agreement for benefits under a registered apprenticeship program under such agreement, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301(a)(11)).1
(D) Allocation rules The amount of collectively bargained apprenticeship program contributions allocated to qualified sick leave wages for any calendar quarter shall be the product of—
(i) the apprenticeship program contribution rate (expressed as an hourly rate), and
(ii) the number of hours for which qualified sick leave wages were provided to employees covered under the collective bargaining agreement described in subparagraph (A)(iii) during the calendar quarter.
(f) Definitions and special rules (1) Applicable employment taxes For purposes of this section, the term “applicable employment taxes” means the following:
(A) The taxes imposed under section 3111(b).
(B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b).
(2) Wages For purposes of this section, the term “wages” means wages (as defined in section 3121(a), determined without regard to paragraphs (1) through (22) of section 3121(b)) and compensation (as defined in section 3231(e), determined without regard to the sentence in paragraph (1) thereof which begins “Such term does not include remuneration”).
(3) Denial of double benefit For purposes of chapter 1, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under sections 45A, 45P, 45S, 51, 3132, and 3134. In the case of any credit allowed under section 2301 of the CARES Act or section 41 with respect to wages taken into account under this section, the credit allowed under this section shall be reduced by the portion of the credit allowed under such section 2301 or section 41 which is attributable to such wages.
(4) Election to not take certain wages into account This section shall not apply to so much of the qualified sick leave wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section.
(5) Certain governmental employers No credit shall be allowed under this section to the Government of the United States or to any agency or instrumentality thereof. The preceding sentence shall not apply to any organization described in section 501(c)(1) and exempt from tax under section 501(a).
(6) Extension of limitation on assessment Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of—
(A) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or
(B) the date on which such return is treated as filed under section 6501(b)(2).
(7) Coordination with certain programs (A) In general This section shall not apply to so much of the qualified sick leave wages paid by an eligible employer as are taken into account as payroll costs in connection with—
(i) a covered loan under section 7(a)(37) or 7A of the Small Business Act,
(ii) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or
(iii) a restaurant revitalization grant under section 5003 of the American Rescue Plan Act of 2021.
(B) Application where PPP loans not forgiven The Secretary shall issue guidance providing that payroll costs paid during the covered period shall not fail to be treated as qualified sick leave wages under this section by reason of subparagraph (A)(i) to the extent that—
(i) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or
(ii) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act.
Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively.
(g) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including—
(1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section,
(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 conform with the paid sick time required to be provided under the Emergency Paid Sick Leave Act,
(6) regulations or other guidance to permit the advancement of the credit determined under subsection (a), and
(7) regulations or other guidance with respect to the allocation, reporting, and substantiation of collectively bargained defined benefit pension plan contributions and collectively bargained apprenticeship program contributions.
(h) Application of section This section shall apply only to wages paid with respect to the period beginning on April 1, 2021, and ending on September 30, 2021.
(i) Treatment of deposits The Secretary shall waive any penalty under section 6656 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 section.
(j) Non-discrimination requirement No credit shall be allowed under this section to any employer for any calendar quarter if such employer, with respect to the availability of the provision of qualified sick leave wages to which this section otherwise applies for such calendar quarter, discriminates in favor of highly compensated employees (within the meaning of section 414(q)), full-time employees, or employees on the basis of employment tenure with such employer.
(Added Pub. L. 1172, title IX, § 9641(a), Mar. 11, 2021, 135 Stat. 161.)
## Notes
Editorial Notes
References in TextThe Emergency Paid Sick Leave Act and such Act, referred to in subsecs. (b)(1), (c)(1), (2), and (g)(5), is division E (§ 5101 et seq.) of Pub. L. 116127, Mar. 18, 2020, 134 Stat. 195, which is set out as a note under section 2601 of Title 29, Labor. The National Apprenticeship Act, referred to in subsec. (e)(3)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables. Section 2301 of the CARES Act, referred to in subsec. (f)(3), is section 2301 of title II of div. A of Pub. L. 116136, which is set out as a note under section 3111 of this title. Section 7 of the Small Business Act, referred to in subsec. (f)(7)(A)(i), (B), is classified to section 636 of Title 15, Commerce and Trade. Section 7A of the Small Business Act, referred to in subsec. (f)(7)(A)(i), (B), is classified to section 636m of Title 15, Commerce and Trade. Section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, referred to in subsec. (f)(7)(A)(ii), is classified to section 9009a of Title 15, Commerce and Trade. Section 5003 of the American Rescue Plan Act of 2021, referred to in subsec. (f)(7)(A)(iii), is classified to section 9009c of Title 15, Commerce and Trade.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 1172, title IX, § 9641(d), Mar. 11, 2021, 135 Stat. 171, provided that: “The amendments made by this section [enacting sections 3131 to 3133 of this title and amending section 1324 of Title 31, Money and Finance] shall apply to amounts paid with respect to calendar quarters beginning after March 31, 2021.”
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# 26 U.S.C. § 3132 - Payroll credit for paid family leave
## Text
(a) In general In the case of an employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the qualified family leave wages paid by such employer with respect to such calendar quarter.
(b) Limitations and refundability (1) Wages taken into account The amount of qualified family leave wages taken into account under subsection (a), plus any increases under subsection (e), with respect to any individual shall not exceed—
(A) for any day (or portion thereof) for which the individual is paid qualified family leave wages, $200, and
(B) in the aggregate with respect to all calendar quarters, $12,000.
(2) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes for such calendar quarter (reduced by any credits allowed under section 3131) on the wages paid with respect to the employment of all employees of the employer.
(3) Refundability of excess credit (A) Credit is refundable If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b).
(B) Advancing credit In anticipation of the credit, including the refundable portion under subparagraph (A), the credit shall be advanced, according to forms and instructions provided by the Secretary, up to an amount calculated under subsection (a), subject to the limits under paragraph (1) and (2), all calculated through the end of the most recent payroll period in the quarter.
(c) Qualified family leave wages (1) In general For purposes of this section, the term “qualified family leave wages” means wages paid by an employer which would be required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act) as if such Act (and amendments made by such Act) applied after March 31, 2021.
(2) Rules of application (A) In general For purposes of determining whether wages are qualified family leave wages under paragraph (1)—
(i) section 110(a)(2)(A) of the Family and Medical Leave Act of 1993 shall be applied by inserting “or any reason for leave described in section 5102(a) of the Families First Coronavirus Response Act, or the employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID19 and such employee has been exposed to COVID19 or the employees employer has requested such test or diagnosis, or the employee is obtaining immunization related to COVID19 or recovering from any injury, disability, illness, or condition related to such immunization” after “public health emergency”, and
(ii) section 110(b) of such Act shall be applied—
(I) without regard to paragraph (1) thereof,
(II) by striking “after taking leave after such section for 10 days” in paragraph (2)(A) thereof, and
(III) by substituting “$12,000” for “$10,000” in paragraph (2)(B)(ii) thereof.
(B) Leave must meet requirements For purposes of determining whether wages would be required to be paid under paragraph (1), if an employer fails to comply with any requirement of the Family and Medical Leave Act of 1993 or the Emergency Family and Medical Leave Expansion Act (determined without regard to any time limitation under section 102(a)(1)(F) of the Family and Medical Leave Act of 1994) 11 So in original. Probably should be “1993)”. with respect to any leave provided for a qualifying need related to a public health emergency (as defined in section 110 of such Act, applied as described in subparagraph (A)(i)), amounts paid by such employer with respect to such leave shall not be taken into account as qualified family leave wages. For purposes of the preceding sentence, an employer which takes an action described in section 105 of the Family and Medical Leave Act of 1993 shall be treated as failing to meet a requirement of such Act.
(d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employers qualified health plan expenses as are properly allocable to the qualified family leave wages for which such credit is so allowed.
(2) Qualified health plan expenses For purposes of this subsection, the term “qualified health plan expenses” means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a).
(3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified family leave wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate).
(e) Allowance of credit for amounts paid under certain collectively bargained agreements (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the sum of—
(A) so much of the employers collectively bargained defined benefit pension plan contributions as are properly allocable to the qualified family leave wages for which such credit is so allowed, plus
(B) so much of the employers collectively bargained apprenticeship program contributions as are properly allocable to the qualified family leave wages for which such credit is so allowed.
(2) Collectively bargained defined benefit pension plan contributions For purposes of this subsection—
(A) In general The term “collectively bargained defined benefit pension plan contributions” has the meaning given such term under section 3131(e)(2).
(B) Allocation rules The amount of collectively bargained defined benefit pension plan contributions allocated to qualified family leave wages for any calendar quarter shall be the product of—
(i) the pension contribution rate (as defined in section 3131(e)(2)), expressed as an hourly rate, and
(ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in section 3131(e)(2)(A)(iii) during the calendar quarter.
(3) Collectively bargained apprenticeship program contributions For purposes of this section—
(A) In general The term “collectively bargained apprenticeship program contributions” has the meaning given such term under section 3131(e)(3).
(B) Allocation rules For purposes of this section, the amount of collectively bargained apprenticeship program contributions allocated to qualified family leave wages for any calendar quarter shall be the product of—
(i) the apprenticeship contribution rate (as defined in section 3131(e)(3)), expressed as an hourly rate, and
(ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in section 3131(e)(3)(A)(iii) during the calendar quarter.
(f) Definitions and special rules (1) Applicable employment taxes For purposes of this section, the term “applicable employment taxes” means the following:
(A) The taxes imposed under section 3111(b).
(B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b).
(2) Wages For purposes of this section, the term “wages” means wages (as defined in section 3121(a), determined without regard to paragraphs (1) through (22) of section 3121(b)) and compensation (as defined in section 3231(e), determined without regard to the sentence in paragraph (1) thereof which begins “Such term does not include remuneration”).
(3) Denial of double benefit For purposes of chapter 1, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under sections 45A, 45P, 45S, 51, 3131, and 3134. In the case of any credit allowed under section 2301 of the CARES Act or section 41 with respect to wages taken into account under this section, the credit allowed under this section shall be reduced by the portion of the credit allowed under such section 2301 or section 41 which is attributable to such wages.
(4) Election to not take certain wages into account This section shall not apply to so much of the qualified family leave wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section.
(5) Certain governmental employers No credit shall be allowed under this section to the Government of the United States or to any agency or instrumentality thereof. The preceding sentence shall not apply to any organization described in section 501(c)(1) and exempt from tax under section 501(a).
(6) Extension of limitation on assessment Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of—
(A) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or
(B) the date on which such return is treated as filed under section 6501(b)(2).
(7) Coordination with certain programs (A) In general This section shall not apply to so much of the qualified family leave wages paid by an eligible employer as are taken into account as payroll costs in connection with—
(i) a covered loan under section 7(a)(37) or 7A of the Small Business Act,
(ii) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or
(iii) a restaurant revitalization grant under section 5003 of the American Rescue Plan Act of 2021.
(B) Application where PPP loans not forgiven The Secretary shall issue guidance providing that payroll costs paid during the covered period shall not fail to be treated as qualified family leave wages under this section by reason of subparagraph (A)(i) to the extent that—
(i) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or
(ii) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act.
Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively.
(g) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including—
(1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section,
(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 conform with the paid leave required to be provided under the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act),
(6) regulations or other guidance to permit the advancement of the credit determined under subsection (a), and
(7) regulations or other guidance with respect to the allocation, reporting, and substantiation of collectively bargained defined benefit pension plan contributions and collectively bargained apprenticeship program contributions.
(h) Application of section This section shall apply only to wages paid with respect to the period beginning on April 1, 2021, and ending on September 30, 2021.
(i) Treatment of deposits The Secretary shall waive any penalty under section 6656 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 section.
(j) Non-discrimination requirement No credit shall be allowed under this section to any employer for any calendar quarter if such employer, with respect to the availability of the provision of qualified family leave wages to which this section otherwise applies for such calendar quarter, discriminates in favor of highly compensated employees (within the meaning of section 414(q)), full-time employees, or employees on the basis of employment tenure with such employer.
(Added Pub. L. 1172, title IX, § 9641(a), Mar. 11, 2021, 135 Stat. 166.)
## Notes
Editorial Notes
References in TextThe Emergency Family and Medical Leave Expansion Act and such Act, referred to in subsecs. (c)(1), (2)(B) and (g)(5), is div. C of Pub. L. 116127, Mar. 18, 2020, 134 Stat. 189. For complete classification of this Act to the Code, see Short Title of 2020 Amendment note set out under section 2601 of Title 29, Labor, and Tables. The Family and Medical Leave Act of 1993 and such Act, referred to in subsec. (c)(2), is Pub. L. 1033, Feb. 5, 1993, 107 Stat. 6, which enacted chapter 28 (§ 2601 et seq.) of Title 29, Labor, sections 60m and 60n of Title 2, The Congress, and sections 6381 to 6387 of Title 5, Government Organization and Employees, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. Sections 102, 105, and 110 of the Act are classified to sections 2612, 2615, and 2620, respectively, of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. Section 5102(a) of the Families First Coronavirus Response Act, referred to in subsec. (c)(2)(A)(i), is section 5102(a) of Pub. L. 116127, which is set out in a note under section 2601 of Title 29, Labor. Section 2301 of the CARES Act, referred to in subsec. (f)(3), is section 2301 of title II of div. A of Pub. L. 116136, which is set out as a note under section 3111 of this title. Section 7 of the Small Business Act, referred to in subsec. (f)(7)(A)(i), (B), is classified to section 636 of Title 15, Commerce and Trade. Section 7A of the Small Business Act, referred to in subsec. (f)(7)(A)(i), (B), is classified to section 636m of Title 15, Commerce and Trade. Section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, referred to in subsec. (f)(7)(A)(ii), is classified to section 9009a of Title 15, Commerce and Trade. Section 5003 of the American Rescue Plan Act of 2021, referred to in subsec. (f)(7)(A)(iii), is classified to section 9009c of Title 15, Commerce and Trade.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to amounts paid with respect to calendar quarters beginning after Mar. 31, 2021, see section 9641(d) of Pub. L. 1172, set out as a note under secton 3131 of this title.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "26 U.S.C. § 3133"
description: "Special rule related to tax on employers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "21"
chapter_name: "FEDERAL INSURANCE CONTRIBUTIONS ACT"
section: "3133"
citation: "26 U.S.C. § 3133"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip"
source_identifier: "/us/usc/t26/s3133"
source_file: "data/legal/raw/us/code/title-26/usc26.xml"
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text_hash: "209eb959ccc9481d9bbf8060a1e0907e089f0f7446a8f0abb812a2ac97eb8c7e"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 26 U.S.C. § 3133 - Special rule related to tax on employers
## Text
(a) In general The credit allowed by section 3131 and the credit allowed by section 3132 shall each be increased by the amount of the taxes imposed by subsections (a) and (b) of section 3111 and section 3221(a) on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 3131 or 3132 (respectively).
(b) Denial of double benefit For denial of double benefit with respect to the credit increase under subsection (a), see sections 3131(f)(3) and 3132(f)(3).
(Added Pub. L. 1172, title IX, § 9641(a), Mar. 11, 2021, 135 Stat. 171.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to amounts paid with respect to calendar quarters beginning after Mar. 31, 2021, see section 9641(d) of Pub. L. 1172, set out as a note under secton 3131 of this title.
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