ENCORES Act

To provide a tax credit to live event venues that provided refunds on tickets for events that were cancelled due to the coronavirus pandemic. 1. Short title This Act may be cited as the Entertainments New Credit Opportunity for Relief & Economic Sustainability Act ENCORES Act 2. Establishment of tax credit for ticket refunds issued by live event venues (a) In general Subject to subsections (b) and (c), for purposes of section 38 (1) beginning on January 31, 2020, and (2) ending on the date of enactment of this Act. (b) Limited carryback of credit In the case of the live event refund credit allowed under subsection (a)— (1) at the election of the eligible entity— (A) such credit shall not be applied to the taxable year in which the qualified ticket refunds were made by such taxpayer and the amount of the credit with respect to such refunds shall be reduced to zero for such taxable year, and (B) the amount of such credit shall be a live event refund credit carryback to either of the 2 taxable years preceding such taxable year, and (2) section 39 (c) Credit made available to tax exempt entities (1) In general In the case of an eligible entity which is an organization described in section 501(c) (A) the amount of the credit determined under subsection (a) with respect to such entity, or (B) the amount of the payroll taxes (as defined in section 45R(f)(3) of such Code) of such entity during the calendar year in which the taxable year begins, as determined without regard to any credit against such taxes. (2) Limited carryback Rules similar to subsection (b)(1) shall apply for purposes of this subsection. (d) Definitions For purposes of this section— (1) Eligible entity (A) In general The term eligible entity (i) includes— (I) organizing, promoting, producing, or managing live events, and (II) the sale to members of the general public (directly or through a third party) of tickets to attend such events, and (ii) for the preceding taxable year, had an average number of full-time equivalent employees (as defined in section 45R(d)(2) (B) Aggregation rule All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 (C) Exclusion The term eligible entity (2) Live event The term live event (3) Qualified ticket refund The term qualified ticket refund (A) the eligible entity made a good faith effort to offer such individual the option to receive a voucher or discount for any live event at a later date in an amount which was equal to or greater than the price paid by such individual for such ticket, and (B) such individual elected to receive a refund. (4) Other terms Except as otherwise provided under this subsection, any term used in this section which is also used in chapter 1 (e) Denial of double benefit No deduction shall be allowed under any provision of chapter 1 (f) 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.

Summary: Entertainments New Credit Opportunity for Relief & Economic Sustainability Act or the ENCORES Act This bill allows certain businesses and tax-exempt entities that conduct live events for which tickets are sold to the general public a tax credit for 50% of any refund made during the period beginning on January 31, 2020, and ending on the enactment date of this bill. The bill defines live event as any live concert, comedy show, sporting event, or theatrical production for which tickets were made available to the general public not less than six weeks prior to the event. The credit does not apply to an entity engaged in professional football, basketball, baseball, or other professional sport. The ticket refund paid by the entity to a ticket purchaser for a live event includes events cancelled or postponed due to the COVID-19 (i.e., the coronavirus disease 2019) pandemic