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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4807 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4807

 To amend the Internal Revenue Code of 1986 to create a refundable tax 
        credit for travel expenditures, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2020

Ms. Cortez Masto (for herself and Mr. Cramer) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to create a refundable tax 
        credit for travel expenditures, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hospitality and Commerce Job 
Recovery Act of 2020''.

SEC. 2. ESTABLISHMENT OF TAX CREDIT TO SUPPORT THE CONVENTION AND TRADE 
              SHOW INDUSTRY.

    (a) In General.--For purposes of section 38 of the Internal Revenue 
Code of 1986, the convention and trade show restart credit shall be 
treated as a credit listed at the end of subsection (b) of such 
section. For purposes of this section, the convention and trade show 
restart credit for any taxable year is an amount equal to the sum of--
            (1) 50 percent of the qualified participation costs paid or 
        incurred by a taxpayer during such taxable year, and
            (2) in the case of an eligible provider, 100 percent of the 
        qualified restart costs paid or incurred by such provider 
        during such taxable year.
    (b) Qualified Participation Costs.--For purposes of this section, 
the term ``qualified participation costs'' means any costs or expenses 
paid or incurred by the taxpayer after December 31, 2020, for any 
employee or officer of the taxpayer to attend a qualified event, 
including registration fees, lodging, and costs with respect to 
carrying out an exhibition relating to the taxpayer. Such term shall 
not include any costs which are not necessary for the attendance of 
such employee or officer at such event.
    (c) Eligible Provider; Qualified Restart Costs.--In this section--
            (1) Eligible provider.--The term ``eligible provider'' 
        means any person which--
                    (A) provides facilities at which a qualified event 
                may be held, or
                    (B) sponsors or is otherwise responsible for the 
                administration of a qualified event.
            (2) Qualified restart costs.--The term ``qualified restart 
        costs'' means any costs paid or incurred by an eligible 
        provider after December 31, 2020, in reopening after such date 
        a facility described in paragraph (1)(A) which was closed or 
        forced to reduce services due to the virus SARS-CoV-2 or 
        coronavirus disease 2019 (referred to in this section as 
        ``COVID-19''), including--
                    (A) any renovation, remediation, or additional 
                labor and rental costs related to preventing 
                individuals present in such facility from contracting 
                COVID-19, and
                    (B) any testing of employees of the taxpayer or 
                guests of such facility for symptoms of COVID-19.
    (d) Qualified Event.--
            (1) In general.--In this section, the term ``qualified 
        event'' means--
                    (A) a convention, seminar, or similar meeting (as 
                such terms are used in section 274 of the Internal 
                Revenue Code of 1986),
                    (B) a business meeting (as such term is used in 
                such section), or
                    (C) a trade show,
        which takes place after December 31, 2020.
            (2) Trade show.--For purposes of this subsection, the term 
        ``trade show'' means any exhibition at which different 
        businesses within a particular industry promote their products 
        and services.
    (e) Denial of Double Benefit.--No deduction shall be allowed under 
any provision of chapter 1 of the Internal Revenue Code of 1986 with 
respect to any amount taken in account in determining the credit 
allowed to a taxpayer under this section.
    (f) Location Requirement.--No credit shall be allowed under this 
section with respect to any qualified event unless such event is held 
within the United States (including any territory or possession of the 
United States).
    (g) Payroll Credit for Nonprofit Employers.--
            (1) In general.--In the case of an organization which is 
        described in section 501(c) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such Code, the 
        credit determined under this section shall be allowed as a 
        credit against applicable employment taxes paid by such 
        organization for calendar quarters in the taxable year, and not 
        treated as a credit listed at the end of section 38(b) of such 
        Code.
            (2) Limitations and refundability.--
                    (A) Credit limited to employment taxes.--The credit 
                allowed by paragraph (1) with respect to calendar 
                quarters in any taxable year shall not exceed the 
                applicable employment taxes (reduced by any credits 
                allowed under subsections (e) and (f) of section 3111 
                of the Internal Revenue Code of 1986 and sections 7001 
                and 7003 of the Families First Coronavirus Response 
                Act) on the wages paid with respect to the employment 
                of all the employees of the organization for such 
                taxable year.
                    (B) Refundability of excess credit.--
                            (i) In general.--If the amount of the 
                        credit under paragraph (1) exceeds the 
                        limitation of subparagraph (A) for any calendar 
                        quarter, such excess shall be treated as an 
                        overpayment that shall be refunded under 
                        sections 6402(a) and 6413(b) of the Internal 
                        Revenue Code of 1986.
                            (ii) Treatment of payments.--For purposes 
                        of section 1324 of title 31, United States 
                        Code, any amounts due to the employer under 
                        this paragraph shall be treated in the same 
                        manner as a refund due from a credit provision 
                        referred to in subsection (b)(2) of such 
                        section.
            (3) Applicable employment taxes.--For purposes of this 
        subsection, the term ``applicable employment taxes'' means the 
        following:
                    (A) The taxes imposed under section 3111(a) of the 
                Internal Revenue Code of 1986.
                    (B) So much of the taxes imposed under section 
                3221(a) of such Code as are attributable to the rate in 
                effect under section 3111(a) of such Code.
    (h) Regulations and Guidance.--The Secretary of the Treasury (or 
the Secretary's delegate) may prescribe such regulations and other 
guidance as may be appropriate or necessary to carry out the purposes 
of this section.
    (i) Termination.--This section shall not apply to any costs paid or 
incurred in taxable years beginning after December 31, 2023.

SEC. 3. IMPROVEMENTS TO EMPLOYEE RETENTION TAX CREDIT.

    (a) Increase in Credit Percentage.--Section 2301(a) of the CARES 
Act (Public Law 116-136) is amended by striking ``50 percent'' and 
inserting ``80 percent''.
    (b) Increase in Per Employee Limitation.--Section 2301(b)(1) of the 
CARES Act is amended by striking ``for all calendar quarters shall not 
exceed $10,000.'' and inserting ``shall not exceed--
                    ``(A) $15,000 in any calendar quarter, and
                    ``(B) $45,000 in the aggregate for all calendar 
                quarters.''.
    (c) Modification of Threshold for Treatment as a Large Employer.--
            (1) In general.--Section 2301(c)(3)(A) of the CARES Act is 
        amended--
                    (A) by striking ``for which the average number of 
                full-time employees (within the meaning of section 
                4980H of the Internal Revenue Code of 1986) employed by 
                such eligible employer during 2019 was greater than 
                100'' in clause (i) and inserting ``which is a large 
                employer'', and
                    (B) by striking ``for which the average number of 
                full-time employees (within the meaning of section 
                4980H of the Internal Revenue Code of 1986) employed by 
                such eligible employer during 2019 was not greater than 
                100'' in clause (ii) and inserting ``which is not a 
                large employer''.
            (2) Large employer defined.--Section 2301(c) of the CARES 
        Act is amended by redesignating paragraph (6) as paragraph (7) 
        and by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) Large employer.--The term `large employer' means any 
        eligible employer if--
                    ``(A) the average number of full-time employees (as 
                determined for purposes of section 4980H(c)(2) of the 
                Internal Revenue Code of 1986) employed by such 
                eligible employer during calendar year 2019 was greater 
                than 1,500, and
                    ``(B) the gross receipts (within the meaning of 
                section 448(c) of the Internal Revenue Code of 1986) of 
                such eligible employer during calendar year 2019 was 
                greater than $41,500,000.''.
    (d) Phase-In of Eligibility Based on Reduction in Gross Receipts.--
            (1) Reduction of decline in gross receipts necessary to 
        qualify for credit.--Section 2301(c)(2)(B) of the CARES Act is 
        amended--
                    (A) by striking ``50 percent'' in clause (i) and 
                inserting ``90 percent'', and
                    (B) by striking ``80 percent'' in clause (ii) and 
                inserting ``90 percent''.
            (2) Phase-in of credit if reduction in gross receipts is 
        less than 50 percent.--Section 2301(c)(2) of the CARES Act is 
        amended by adding at the end the following new subparagraph:
                    ``(D) Phase-in of credit where business not 
                suspended and reduction in gross receipts less than 50 
                percent.--
                            ``(i) In general.--In the case of any 
                        calendar quarter with respect to which an 
                        eligible employer would not be an eligible 
                        employer if subparagraph (B)(i) were applied by 
                        substituting `50 percent' for `90 percent', the 
                        amount of the credit allowed under subsection 
                        (a) shall be reduced by the amount which bears 
                        the same ratio to the amount of such credit 
                        (determined without regard to this 
                        subparagraph) as--
                                    ``(I) the excess gross receipts 
                                percentage point amount, bears to
                                    ``(II) 40 percentage points.
                            ``(ii) Excess gross receipts percentage 
                        point amount.--For purposes of this 
                        subparagraph, the term `excess gross receipts 
                        percentage point amount' means, with respect to 
                        any calendar quarter, the excess of--
                                    ``(I) the lowest of the gross 
                                receipts percentage point amounts with 
                                respect to any calendar quarter 
                                occurring during the period described 
                                in clause (iii), over
                                    ``(II) 50 percentage points.
                            ``(iii) Period described.--For purposes of 
                        applying clause (ii) to any calendar quarter, 
                        the period described in this clause is the 
                        period ending with such calendar quarter and 
                        beginning with the first calendar quarter 
                        during the period described in subparagraph 
                        (B).
                            ``(iv) Gross receipts percentage point 
                        amounts.--For purposes of this subparagraph, 
                        the term `gross receipts percentage point 
                        amount' means, with respect to any calendar 
                        quarter, the percentage (expressed as a number 
                        of percentage points) obtained by dividing--
                                    ``(I) the gross receipts (within 
                                the meaning of subparagraph (B)) for 
                                such calendar quarter, by
                                    ``(II) the gross receipts for the 
                                same calendar quarter in calendar year 
                                2019.''.
            (3) Gross receipts of tax-exempt organizations.--Section 
        2301(c)(2)(C) of the CARES Act is amended--
                    (A) by striking ``of such Code, clauses (i) and 
                (ii)(I)'' and inserting of such Code--
                            ``(i) clauses (i) and (ii)(I)'',
                    (B) by striking the period at the end and inserting 
                ``, and'', and
                    (C) by adding at the end the following new clause:
                            ``(ii) any reference in this section to 
                        gross receipts shall be treated as a reference 
                        to gross receipts within the meaning of section 
                        6033 of such Code.''.
    (e) Modification of Treatment of Health Plan Expenses.--
            (1) In general.--Section 2301(c)(5) of the CARES Act is 
        amended to read as follows:
            ``(5) Wages.--
                    ``(A) In general.--The term `wages' means wages (as 
                defined in section 3121(a) of the Internal Revenue Code 
                of 1986) and compensation (as defined in section 
                3231(e) of such Code).
                    ``(B) Allowance for certain health plan expenses.--
                            ``(i) In general.--Such term shall include 
                        amounts paid or incurred by the eligible 
                        employer to provide and maintain a group health 
                        plan (as defined in section 5000(b)(1) of the 
                        Internal Revenue Code of 1986), but only to the 
                        extent that such amounts are excluded from the 
                        gross income of employees by reason of section 
                        106(a) of such Code.
                            ``(ii) Allocation rules.--For purposes of 
                        this section, amounts treated as wages under 
                        clause (i) shall be treated as paid with 
                        respect to any employee (and with respect to 
                        any period) to the extent that such amounts are 
                        properly allocable to such employee (and to 
                        such period) 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 periods of coverage.''.
            (2) Conforming amendment.--Section 2301(c)(3) of the CARES 
        Act is amended by striking subparagraph (C).
    (f) Qualified Wages Permitted To Include Amounts for Tip 
Replacement.--
            (1) In general.--Section 2301(c)(3)(B) of the CARES Act is 
        amended by inserting ``(including tips which would have been 
        deemed to be paid by the employer under section 3121(q))'' 
        after ``would have been paid''.
            (2) Conforming amendment.--Section 2301(h)(2) of the CARES 
        Act is amended by inserting ``45B or'' before ``45S''.
    (g) Certain Governmental Employers Eligible for Credit.--
            (1) In general.--Section 2301(f) of the CARES Act is 
        amended to read as follows:
    ``(f) Certain Governmental Employers.--
            ``(1) In general.--The credit under this section shall not 
        be allowed to the Federal Government or any agency or 
        instrumentality thereof.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        organization which is described in section 501(c)(1) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code.
            ``(3) Special rules.--In the case of any State government, 
        Indian tribal government, or any agency, instrumentality, or 
        political subdivision of the foregoing--
                    ``(A) clauses (i) and (ii)(I) of subsection 
                (c)(2)(A) shall apply to all operations of such entity, 
                and
                    ``(B) subclause (II) of subsection (c)(2)(A)(ii) 
                shall not apply.''.
            (2) Coordination with application of certain definitions.--
                    (A) In general.--Section 2301(c)(5)(A) of the CARES 
                Act, as amended by the preceding provisions of this 
                Act, is amended by adding at the end the following: 
                ``For purposes of the preceding sentence (other than 
                for purposes of subsection (b)(2)), wages as defined in 
                section 3121(a) of the Internal Revenue Code of 1986 
                shall be determined without regard to paragraphs (1), 
                (5), (6), (7), (8), (10), (13), (18), (19), and (22) of 
                section 3212(b) of such Code (except with respect to 
                services performed in a penal institution by an inmate 
                thereof).''.
                    (B) Conforming amendments.--Sections 2301(c)(6) of 
                the CARES Act is amended by striking ``Any term'' and 
                inserting ``Except as otherwise provided in this 
                section, any term''.
    (h) Application of Credit to Employers of Domestic Workers.--
            (1) In general.--Section 2301(c)(2) of the CARES Act, as 
        amended by the preceding provisions of this Act, is amended by 
        adding at the end the following new subparagraph:
                    ``(E) Employers of domestic workers.--In the case 
                of an employer with one or more employees who perform 
                domestic service (within the meaning of section 
                3121(a)(7) of such Code) in the private home of such 
                employer, with respect to such employees--
                            ``(i) subparagraph (A) shall be applied--
                                    ``(I) by substituting `employing an 
                                employee who performs domestic service 
                                in the private home of such employer' 
                                for `carrying on a trade or business' 
                                in clause (i) thereof, and
                                    ``(II) by substituting `such 
                                employment' for `the operation of the 
                                trade or business described in clause 
                                (i)' in clause (ii)(I) thereof,
                                    ``(III) without regard to clause 
                                (ii)(II), and
                            ``(ii) such employer shall be treated as a 
                        large employer.''.
            (2) Denial of double benefit.--Section 2301(h)(2) of the 
        CARES Act, as amended by preceding provisions of this Act, is 
        amended--
                    (A) by striking ``shall not be taken into account 
                for purposes of'' and inserting shall not be taken into 
                account--
                    ``(A) for purposes of'',
                    (B) by striking the period at the end and inserting 
                ``, and'', and
                    (C) by adding at the end the following:
                    ``(B) if such wages are paid for domestic service 
                described in subsection (c)(2)(E), as employment-
                related expenses for purposes of section 21 of such 
                Code.
        In the case of any individual who pays wages for domestic 
        service described in subsection (c)(2)(E) and receives a 
        reimbursement for such wages which is excludible from gross 
        income under section 129 of such Code, such wages shall not be 
        treated as qualified wages for purposes of this section.''.
    (i) Effective Date.--The amendments made by this section shall take 
effect as if included in section 2301 of the CARES Act.

SEC. 4. REPEAL OF LIMITATION ON ENTERTAINMENT, ETC. EXPENSES RELATED TO 
              TRADE OR BUSINESS.

    (a) In General.--Section 274 of the Internal Revenue Code of 1986 
is amended--
            (1) by redesignating subsection (o) as subsection (p),
            (2) by redesignating subsection (l), as added by section 
        13304(c) of Public Law 115-97, as subsection (o), and
            (3) by moving such subsection (o), as so redesignated, to 
        the location after subsection (n).
    (b) Repeal.--The amendments made by subsections (a) and (b) of 
section 13304 of Public Law 115-97 are repealed and the provisions of 
law amended by such subsections are restored as if such subsections had 
never been enacted.
    (c) Conforming Amendment.--Subsection (d) of section 13304 of 
Public Law 115-97 is amended by striking ``subsection (o) as subsection 
(p)'' in paragraph (1) and inserting ``subsections (o) and (p) as 
subsections (p) and (q), respectively''.
    (d) Effective Date.--
            (1) In general.--The amendments made by subsections (a) and 
        (c) and the repeal made by subsection (b) shall take effect on 
        the date of the enactment of this Act.
            (2) Application.--The provisions of law as restored by 
        subsection (b) shall apply to amounts paid or incurred in 
        taxable years ending after the date of the enactment of this 
        Act.

SEC. 5. ESTABLISHMENT OF TAX CREDIT TO SUPPORT THE RESTAURANT INDUSTRY.

    (a) In General.--For purposes of section 38 of the Internal Revenue 
Code of 1986, in the case of an eligible taxpayer, the restaurant and 
dining restart credit shall be treated as a credit listed at the end of 
subsection (b) of such section. For purposes of this section, the 
restaurant and dining restart credit for any taxable year is an amount 
equal to the qualified restart costs paid or incurred by the eligible 
taxpayer during the taxable year.
    (b) Eligible Taxpayer.--For purposes of this section, the term 
``eligible taxpayer'' means a taxpayer--
            (1) which owns a trade or business devoted to preparation 
        and on-premises consumption of food and beverages, or
            (2) which owns property on which such a trade or business 
        operates, if more than 50 percent of the square footage of such 
        property is devoted to preparation of, and seating for on-
        premises consumption of, prepared meals.
    (c) Qualified Restart Costs.--For purposes of this section, the 
term ``qualified restart costs'' means any costs paid or incurred by an 
eligible taxpayer on or after the date of the enactment of this Act in 
reopening a trade or business or property described in subsection (b), 
or increasing meal and beverage services provided by such trade or 
business or at such property, which was closed or forced to reduce 
services due to the virus SARS-CoV-2 or coronavirus disease 2019 
(referred to in this section as ``COVID-19''), including--
            (1) any renovation, remediation, or additional labor and 
        rental costs related to preventing individuals present at such 
        trade or business or on such property from contracting COVID-
        19; and
            (2) any testing of employees of the eligible taxpayer or 
        guests of such trade or business or such property for symptoms 
        of COVID-19.
For purposes of the preceding sentence, a trade or business shall be 
treated as having reduced services if such trade or business reduced 
hours of operation, number of employees or employee hours, or capacity 
of seating areas, closed seating areas, or took any other measures 
which reduced services provided or operations of the trade or business 
as determined by the Secretary of the Treasury.
    (d) Denial of Double Benefit.--No deduction shall be allowed under 
any provision of chapter 1 of the Internal Revenue Code of 1986 with 
respect to any amount taken in account in determining the credit 
allowed to a taxpayer under this section.
    (e) Regulations and Guidance.--The Secretary of the Treasury (or 
the Secretary's delegate) may prescribe such regulations and other 
guidance as may be appropriate or necessary to carry out the purposes 
of this section.
    (f) Termination.--This section shall not apply to any costs paid or 
incurred in taxable years beginning after December 31, 2022.

SEC. 6. CREDIT FOR TRAVEL EXPENDITURES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 36 the following new section:

``SEC. 36A. CREDIT FOR TRAVEL EXPENDITURES.

    ``(a) Allowance of Credit.--In the case of an individual who pays 
or incurs any qualified travel expenses during a taxable year, there 
shall be allowed as a credit against the tax imposed by this subtitle 
for such taxable year an amount equal to 50 percent of such expenses.
    ``(b) Limitations.--
            ``(1) Dollar limitation.--The credit allowed under 
        subsection (a) for any taxable year shall not exceed the sum 
        of--
                    ``(A) $1,500 ($750 in the case of a married 
                individual filing a separate return), plus
                    ``(B) $500 for each qualifying child (as defined in 
                section 152(c)) of the individual, but not to exceed 
                $1,500.
            ``(2) Limitation based on adjusted gross income.--
                    ``(A) In general.--The amount allowable as a credit 
                under subsection (a) (after the application of 
                paragraph (1) and determined without regard to this 
                paragraph) for the taxable year shall be reduced (but 
                not below zero) by $2 for every $50 by which the 
                taxpayer's modified adjusted gross income for such 
                taxable year exceeds $75,000 ($150,000 in the case of a 
                joint return).
                    ``(B) Modified adjusted gross income.--The term 
                `modified adjusted gross income' means the adjusted 
                gross income of the taxpayer for the taxable year 
                increased by any amount excluded from gross income 
                under section 911, 931, or 933.
    ``(c) Qualified Travel Expense.--For purposes of this section--
            ``(1) In general.--The term `qualified travel expense' 
        means any amount paid or incurred for travel within the United 
        States which is at least 50 miles from the individual's home 
        and includes an overnight stay, including amounts paid or 
        incurred for food and beverages, lodging, recreation, 
        transportation, amusement or entertainment, including live 
        entertainment and sporting events, and gasoline.
            ``(2) Minimum amount.--Any expense (determined by treating 
        all items on a single receipt as 1 expense) which is less than 
        $25 shall not be taken into account under paragraph (1).
            ``(3) United states.--The term `United States' includes the 
        territories and possessions of the United States.
            ``(4) Exception.--For purposes of paragraph (1), amounts 
        paid with respect to a residence or other lodging owned by the 
        individual shall not be treated as qualified travel expenses.
    ``(d) Election To Carry Credit to Preceding Year.--At the election 
of the taxpayer, any credit allowable under this section for a taxable 
year may be carried back (in its entirety) to the preceding taxable 
year and treated as a credit allowed under this subpart for such year.
    ``(e) Restrictions.--No credit shall be allowed to an individual 
under subsection (a) with respect to a qualified travel expense if--
            ``(1) the individual receives a refund or reimbursement 
        from any person for the expense,
            ``(2) a deduction is allowed under section 162 with respect 
        to the expense,
            ``(3) a deduction under section 151 with respect to 
        individual is allowable to another taxpayer for such taxable 
        year, or
            ``(4) the individual does not attach sufficient evidence of 
        the expense, as prescribed by the Secretary, to the return of 
        tax for such taxable year.
    ``(f) Termination.--This section shall not apply to any qualified 
travel expenses paid or incurred after December 31, 2023.''.
    (b) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 36 the 
following new item:
    (c) Conforming Amendment.--Section 6211(b)(4)(A) of the Internal 
Revenue Code of 1986 is amended by inserting ``, 36A'' after ``36''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 2020.
                                 <all>
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