AT HOME Act

To provide a tax credit for employers that provide remote work equipment and services to their employees, and for other purposes. 1. Short title This Act may be cited as the Assisting Teachers and Home Office Modernization for Employees Act AT HOME Act 2. Establishment of tax credit for employers that provide remote work equipment and services to their employees (a) In general For purposes of section 38 (b) Definitions For purposes of this section— (1) Eligible entity The term eligible entity section 45R(d)(2) (2) Qualified remote work expense (A) In general The term qualified remote work expense (i) for purposes of allowing any employee of such entity to work from a worksite other than a shared office space, including the acquisition, implementation, or other cost associated with the addition of any qualified remote work technology; (ii) which is necessary to allow for continuation of normal business functions of such entity; (iii) in response to the virus SARS–CoV–2 or coronavirus disease 2019 (COVID–19), or any Federal, State, or local regulation related to COVID–19; and (iv) after February 15, 2020, and before January 1, 2021. (B) Exclusion of existing qualified remote work technology The term qualified remote work expense (C) Employee For purposes of subparagraph (A), the term employee (i) any shareholder in a S corporation; and (ii) any member of a limited liability company. (D) Limitations The total amount of qualified remote work expenses which may be taken into account for purposes of this section— (i) with respect to the eligible entity for all taxable years shall not exceed $50,000; and (ii) with respect to any employee of such entity for all taxable years shall not exceed $2,000. (3) Qualified remote work technology The term qualified remote work technology (c) Aggregation rule All persons which are treated as a single employer under subsections (a) and (b) of section 52 (d) Phaseout of credit amount based on number of employees With respect to any taxable year, the amount of the credit allowed under subsection (a) (as determined without regard to this subsection) shall be reduced (but not below zero) by an amount equal to the product of— (1) the amount determined under subsection (a); and (2) an amount equal to the quotient obtained by dividing— (A) the number of full-time equivalent employees (as defined in section 45R(d)(2) (B) 50. (e) Credit made available to tax exempt entities In the case of an eligible entity which is an organization described in section 501(c) (1) the amount of the credit determined under subsection (a) (after application of subsection (d)) with respect to such entity; or (2) 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. (f) Denial of double benefit No deduction shall be allowed under any provision of chapter 1 3. Deduction for individuals for remote work expenses (a) In general Section 62(a)(2) (F) Remote work expenses (i) In general The deductions allowed by section 162 which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him or her of services as an employee— (I) for purposes of allowing such taxpayer to work from a worksite other than a shared office space, including the acquisition, implementation, or other cost associated with the addition of any qualified remote work technology, (II) which is necessary to allow for continuation of normal work functions of such taxpayer, (III) in response to the virus SARS–CoV–2 or coronavirus disease 2019 (COVID–19), or any Federal, State, or local regulation related to COVID–19, and (IV) after February 15, 2020, and before January 1, 2021. (ii) Eligible educator In the case of an eligible educator, the deduction allowed under clause (i) shall include, in addition to any deduction allowed to such educator under subparagraph (D), any expense paid or incurred by such educator— (I) after March 15, 2020, and before January 1, 2021, and (II) which is described in clause (ii) of such subparagraph. (iii) Limitation The deduction allowed under clause (i) shall not exceed $150 for any taxable year. (iv) Qualified remote work technology For purposes of this subparagraph, the term qualified remote work technology (v) Limitation based on adjusted gross income The amount of the deduction allowed under clause (i) (determined without regard to this clause) shall be reduced (but not below zero) by 1 percent of so much of the taxpayer's adjusted gross income as exceeds— (I) $150,000 in the case of a joint return, (II) $112,500 in the case of a head of household, and (III) $75,000 in the case of a taxpayer not described in subclause (I) or (II). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2019.

Summary: Assisting Teachers and Home Office Modernization for Employees Act or the AT HOME Act This bill allows employers who have not more than 150 full-time employees a tax credit for 25% of their qualified remote work expenses. The bill defines qualified remote work expenses as expenses paid or incurred to allow employees to work from a worksite other than a shared office space, that are necessary to allow for continuation of normal business functions, are in response to COVID-19 (i.e., coronavirus disease 2019), and occur after February 15, 2020, and before January 1, 2021. The bill also extends such tax credit to tax-exempt entities. The bill also allows an income-based tax deduction for remote work expenses.