I 
117TH CONGRESS 
1ST SESSION 
H. R. 524 
To amend the Internal Revenue Code of 1986 to provide advance tax refunds 
to small businesses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2021 
Ms. DEAN (for herself and Mr. KILMER) introduced the following bill; which 
was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
advance tax refunds to small businesses, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restore America’s 
Main Street Act of 2021’’. 
SEC. 2. SMALL BUSINESS REBATE. 
(a) IN GENERAL.—Subchapter B of chapter 65 of 
subtitle F of the Internal Revenue Code of 1986 is amend-
ed by inserting after section 6428A the following new sec-
tion: 
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‘‘SEC. 6428B. SMALL BUSINESS REBATE. 
‘‘(a) ALLOWANCE OF CREDIT.— 
‘‘(1) IN GENERAL.—In the case of a qualifying 
business, there shall be allowed as a credit against 
the tax imposed by subtitle A for the first taxable 
year beginning in 2021 an amount equal to the less-
er of— 
‘‘(A) 30 percent of qualified gross receipts 
of such qualifying business for the first taxable 
year beginning in 2019, or 
‘‘(B) $120,000. 
‘‘(2) SPECIAL RULE.—In the case of a quali-
fying business or sole proprietorship which was not 
formed or active in the taxable year described in 
paragraph (1)(A), such paragraph shall be applied 
by substituting ‘2020’ for ‘2019’. 
‘‘(3) QUALIFIED
GROSS
RECEIPTS.—For pur-
poses of paragraph (1)(A), the term ‘qualified gross 
receipts’ means gross receipts of the qualifying busi-
ness which are effectively connected with the conduct 
of a trade or business within the United States 
(within the meaning of section 864(c), determined 
by substituting ‘qualifying business’ for ‘nonresident 
alien individual or a foreign corporation’ or for ‘for-
eign corporation’ each place it appears) for the ap-
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plicable taxable year under paragraph (1)(A), as re-
ported by the taxpayer on— 
‘‘(A) in the case of a qualifying business 
which is a partnership, the return required to 
be filed under section 6031, 
‘‘(B) in the case of a qualifying business 
which is an S corporation, the return required 
to be filed under section 6037, and 
‘‘(C) in the case of any other qualifying 
business, the return of tax for the taxable year. 
‘‘(b) QUALIFYING BUSINESS.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘qualifying business’ means any per-
son which— 
‘‘(A) meets the gross receipts test of sub-
section (c) of section 448 for the applicable tax-
able year under subsection (a)(1)(A), except 
that subsection (c) of section 448 shall be ap-
plied— 
‘‘(i) without regard to paragraph (4) 
of such subsection, and 
‘‘(ii) by substituting ‘$1,500,000’ for 
‘$25,000,000’, and 
‘‘(B) with respect to the preceding cal-
endar year, employed an average of not greater 
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than 50 full-time employees (as such term is 
defined in paragraph (4) of section 4980H(c)) 
on business days during such calendar year. 
‘‘(2) SPECIAL
RULE.—For purposes of para-
graph (1)(A), in the case of any taxpayer which is 
not a corporation or a partnership, the gross re-
ceipts test of section 448(c) shall be applied in the 
same manner as if such taxpayer were a corporation 
or partnership. 
‘‘(3) FULL-TIME EQUIVALENTS.—For purposes 
of paragraph (1)(B), the number of full-time em-
ployees shall be determined pursuant to rules similar 
to the rules described in paragraph (2)(E) of section 
4980H(c). 
‘‘(4) AGGREGATION RULES.—All persons treat-
ed as a single employer under subsection (a) or (b) 
of section 52 or subsection (m) or (o) of section 414 
shall be treated as a single person for purposes of 
paragraph (1)(B). 
‘‘(5) QUALIFIED ORGANIZATIONS.— 
‘‘(A) INCLUSION
AS
QUALIFYING
BUSI-
NESS.— 
‘‘(i) IN
GENERAL.—For purposes of 
this section, the term ‘qualifying business’ 
shall include any qualified organization. 
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be applied by substituting ‘2020’ for 
‘2019’. 
‘‘(iii) ORGANIZATION
EXEMPT
FROM 
FILING.— 
‘‘(I) IN GENERAL.—In the case 
of an organization which is exempt 
from filing a return pursuant to sec-
tion 6033(a) or which is not required 
to include in such return the informa-
tion 
necessary 
to 
determine 
the 
amount of the credit allowed under 
this section, such organization may 
submit to the Secretary (in such form 
and manner as is deemed appropriate 
by the Secretary) any information re-
quired for purposes of determining— 
‘‘(aa) whether such organi-
zation satisfies the requirements 
under subparagraphs (A) and 
(B) of paragraph (1), and 
‘‘(bb) the amount of the 
credit allowed under subsection 
(a)(1). 
‘‘(II) PUBLICITY
OF
INFORMA-
TION.—For purposes of section 6104, 
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any information submitted by an or-
ganization under subclause (I) shall 
be deemed to be information required 
to be furnished by such organization 
pursuant to section 6033. 
‘‘(c) TREATMENT OF CREDIT.—The credit allowed by 
subsection (a) shall be treated as allowed by subpart C 
of part IV of subchapter A of chapter 1. 
‘‘(d) COORDINATION WITH ADVANCE REFUNDS OF 
CREDIT.—The amount of credit which would (but for this 
subsection) be allowable under this section shall be re-
duced (but not below zero) by the aggregate refunds and 
credits made or allowed to the taxpayer under subsection 
(e). Any failure to so reduce the credit shall be treated 
as arising out of a mathematical or clerical error and as-
sessed according to section 6213(b)(1). 
‘‘(e) ADVANCE REFUNDS AND CREDITS.— 
‘‘(1) IN GENERAL.—Any person which was a 
qualifying business for such person’s last taxable 
year ending before January 1, 2021, shall be treated 
as having made a payment against the tax imposed 
by chapter 1 for such taxable year in an amount 
equal to the advance refund amount for such taxable 
year, regardless of whether such tax would have 
been imposed on such person. 
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‘‘(2) ADVANCE
REFUND
AMOUNT.—For pur-
poses of paragraph (1), the advance refund amount 
is the amount that would have been allowed as a 
credit under this section for such taxable year if this 
section (other than subsection (d) and this sub-
section) had applied to such taxable year. 
‘‘(3) TIMING
OF
PAYMENTS.—The Secretary 
shall, subject to the provisions of this title, refund 
or credit any overpayment attributable to this sec-
tion as rapidly as possible. No refund or credit shall 
be made or allowed under this subsection after De-
cember 31, 2021. 
‘‘(4) NO INTEREST.—No interest shall be al-
lowed on any overpayment attributable to this sec-
tion.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
DEFINITION
OF
DEFICIENCY.—Section 
6211(b)(4)(A) of the Internal Revenue Code of 1986 
is amended by striking ‘‘6428, and 6428A’’ and in-
serting ‘‘6428, 6428A, and 6428B’’. 
(2) Paragraph (2) of section 1324(b) of title 
31, United States Code, is amended by inserting 
‘‘6428B,’’ after ‘‘6428A,’’. 
(3) The table of sections for subchapter B of 
chapter 65 of subtitle F of the Internal Revenue 
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Code of 1986 is amended by inserting after the item 
relating to section 6428A the following: 
‘‘Sec. 6428B. Small business rebate.’’. 
Æ 
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