446 
‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST-
ANCE. 
‘‘(a) IN GENERAL.—The person to whom premiums 
are payable for continuation coverage under section 
9501(a)(1) of the Worker Health Coverage Protection Act 
shall be allowed as a credit against the tax imposed by 
section 3111(b), or so much of the taxes imposed under 
section 3221(a) as are attributable to the rate in effect 
under section 3111(b), for each calendar quarter an 
amount equal to the premiums not paid by assistance eligi-
ble individuals for such coverage by reason of such section 
9501(a)(1) with respect to such calendar quarter. 
‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 
For purposes of subsection (a), except as otherwise pro-
vided by the Secretary, the person to whom premiums are 
payable under such continuation coverage shall be treated 
as being— 
‘‘(1) in the case of any group health plan which 
is a multiemployer plan (as defined in section 3(37) 
of the Employee Retirement Income Security Act of 
1974), the plan, 
‘‘(2) in the case of any group health plan not 
described in paragraph (1), and under which some 
or all of the coverage is not provided by insurance, 
the employer maintaining the plan, and 
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‘‘(3) in the case of any group health plan not 
described in paragraph (1) or (2), the insurer pro-
viding the coverage under the group health plan. 
‘‘(c) LIMITATIONS AND REFUNDABILITY.— 
‘‘(1) CREDIT
LIMITED
TO
CERTAIN
EMPLOY-
MENT TAXES.—The credit allowed by subsection (a) 
with respect to any calendar quarter shall not exceed 
the tax imposed by section 3111(b), or so much of 
the taxes imposed under section 3221(a) as are at-
tributable to the rate in effect under section 
3111(b), for such calendar quarter (reduced by any 
credits allowed against such taxes under sections 
7001 and 7003 of the Families First Coronavirus 
Response Act and section 2301 of the CARES Act) 
on the wages paid with respect to the employment 
of all employees of the employer. 
‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 
‘‘(A) CREDIT
IS
REFUNDABLE.—If the 
amount of the credit under subsection (a) ex-
ceeds the limitation of paragraph (1) for any 
calendar quarter, such excess shall be treated 
as an overpayment that shall be refunded under 
sections 6402(a) and 6413(b). 
‘‘(B) CREDIT MAY BE ADVANCED.—In an-
ticipation of the credit, including the refundable 
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portion under subparagraph (A), the credit may 
be advanced, according to forms and instruc-
tions provided by the Secretary, up to an 
amount calculated under subsection (a) through 
the end of the most recent payroll period in the 
quarter. 
‘‘(C) TREATMENT
OF
DEPOSITS.—The 
Secretary shall waive any penalty under section 
6656 for any failure to make a deposit of the 
tax imposed by section 3111(b), or so much of 
the taxes imposed under section 3221(a) as are 
attributable to the rate in effect under section 
3111(b), if the Secretary determines that such 
failure was due to the anticipation of the credit 
allowed under this section. 
‘‘(D) TREATMENT
OF
PAYMENTS.—For 
purposes of section 1324 of title 31, United 
States Code, any amounts due to an 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) OVERSTATEMENTS.—Any overstatement of 
the credit to which a person is entitled under this 
section (and any amount paid by the Secretary as a 
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result of such overstatement) shall be treated as an 
underpayment by such person of the taxes described 
in paragraph (1) and may be assessed and collected 
by the Secretary in the same manner as such taxes. 
‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 
this section, the term ‘person’ includes the government of 
any State or political subdivision thereof, any Indian tribal 
government (as defined in section 139E(c)(1)), any agency 
or instrumentality of any of the foregoing, and any agency 
or instrumentality of the Government of the United States 
that is described in section 501(c)(1) and exempt from 
taxation under section 501(a). 
‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 
of chapter 1, the gross income of any person allowed a 
credit under this section shall be increased for the taxable 
year which includes the last day of any calendar quarter 
with respect to which such credit is allowed by the amount 
of such credit. No amount for which a credit is allowed 
under this section shall be taken into account as qualified 
wages under section 2301 of the CARES Act or as quali-
fied health plan expenses under section 7001(d) or 
7003(d) of the Families First Coronavirus Response Act. 
‘‘(f) REGULATIONS.—The Secretary shall issue such 
regulations, or other guidance, forms, instructions, and 
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publications, as may be necessary or appropriate to carry 
out this section, including— 
‘‘(1) the requirement to report information or 
the establishment of other methods for verifying the 
correct amounts of reimbursements under this sec-
tion, 
‘‘(2) the application of this section to group 
health plans that are multiemployer plans (as de-
fined in section 3(37) of the Employee Retirement 
Income Security Act of 1974), 
‘‘(3) to allow the advance payment of the credit 
determined under subsection (a), subject to the limi-
tations provided in this section, based on such infor-
mation as the Secretary shall require, 
‘‘(4) to provide for the reconciliation of such 
advance payment with the amount of the credit at 
the time of filing the return of tax for the applicable 
quarter or taxable year, and 
‘‘(5) allowing the credit to third party payors 
(including professional employer organizations, cer-
tified professional employer organizations, or agents 
under section 3504).’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections for subchapter B of chapter 65 of the 
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