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TREAS/IRS RIN: 1545-BQ08 Publication ID: Spring 2023 
Title: Recapture of Certain Excess Employment Tax Credits under COVID-19 
Abstract:

This document consolidates the regulations in TD 9904 and TD 9953, setting forth the final amended regulations to the Employment Tax Regulations under sections 3111 and 3221 of the Internal Revenue Code (Code) issued under the authority granted by the Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act, as well as under sections 3131, 3132, and 3134 of the Code, added by sections 9641 and 9651 of the American Rescue Plan Act of 2021.  These final regulations authorize the assessment of any erroneous refund of the tax credits paid under sections 7001 and 7003 of the Families First Coronavirus Response Act (including any increases in such credits under section 7005 thereof), and section 2301 of the Coronavirus Aid, Relief, and Economic Security Act, as well as under sections 3131, 3132 (including any increases in those credits under section 3133), and 3134 of the Code as if such amounts were tax liabilities under sections 3111(a), 3111(b) and 3221(a) subject to assessment and administrative collection procedures. 

 
Agency: Department of the Treasury(TREAS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 26 U.S.C. 3131 - 3134    26 U.S.C. 7805    Pub. L. 116-127    Pub. L. 116-136   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/10/2021  86 FR 50687   
NPRM Comment Period End  11/09/2021 
Final Action  12/00/2023 
Additional Information: REG-109077-21 (Final) Drafter attorney: NaLee Park (202) 317-3602 Reviewer attorney: Andrew Holubeck (202) 317-4787 Treasury attorney: Boyd Brown (771) 201-0022 CC:EEE
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1545-BQ09 
Agency Contact:
NaLee Park
Tax Law Specialist
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW, Room 4312,
Washington, DC 20224
Phone:202 317-6798
Email: nalee.park@irscounsel.treas.gov