I 
115TH CONGRESS 
1ST SESSION 
H. R. 108 
To amend the Internal Revenue Code of 1986 to allow a credit for employers 
providing student loan payment assistance for employees. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Ms. BROWNLEY of California 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 allow a 
credit for employers providing student loan payment as-
sistance for employees. 
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 ‘‘Student Loan Repay-
ment Assistance Act of 2017’’. 
SEC. 2. STUDENT LOAN REPAYMENT PROGRAM CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
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‘‘SEC. 45S. STUDENT LOAN REPAYMENT PROGRAM CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
employer-provided student loan repayment credit deter-
mined under this section for the taxable year is an amount 
equal to 10 percent of all qualified student loan repay-
ments of the taxpayer for such taxable year. 
‘‘(b) QUALIFIED STUDENT LOAN REPAYMENT.—For 
purposes of this section, the term ‘qualified student loan 
repayment’ means, with respect to any employee of an em-
ployer, so much of the amounts paid under a student loan 
repayment program by the employer on behalf of such em-
ployee as does not exceed $500 per month. 
‘‘(c) STUDENT LOAN REPAYMENT PROGRAM.—For 
purposes of this section— 
‘‘(1) IN GENERAL.—A student loan repayment 
program is a separate written plan of an employer 
for the exclusive benefit of his employees to provide 
such employees with student loan payment assist-
ance which meets the requirements of paragraphs 
(2) through (5). 
‘‘(2) DIRECT PAYMENT FOR EMPLOYEE EDU-
CATION LOANS.—A plan meets the requirements of 
this paragraph if payments under the plan are made 
on behalf of the employee directly to the lender or 
loan servicer of a qualified education loan (as de-
fined in section 221(d)) which was incurred by the 
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employee and is attributable to education furnished 
to such employee. 
‘‘(3) PARTICIPATION
AND
NON-DISCRIMINA-
TION.—A plan meets the requirements of this para-
graph if the employer makes the program (and as-
sistance provided thereunder) widely available to em-
ployees (determined under such regulations as the 
Secretary shall prescribe to prevent plans from dis-
criminating in favor of employees who are highly 
compensated employees (within the meaning of sec-
tion 414(q))). 
‘‘(4) REPORTS.—A plan meets the requirements 
of this paragraph if, for any taxable year for which 
a credit is allowed under this section, the employer 
reports to the Secretary (at such time and in such 
form and manner as the Secretary may prescribe) 
the number of employees utilizing the plan, the num-
ber of employees eligible to participate in the plan, 
and the terms of such plan. 
‘‘(5) NOTICE.—A plan meets the requirements 
of this paragraph if reasonable notification of the 
availability and terms of the program are provided 
to all eligible employees.’’. 
(b) CREDIT MADE PART OF GENERAL BUSINESS 
CREDIT.—Section 38(b) of such Code is amended by strik-
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ing ‘‘plus’’ at the end of paragraph (35), by striking the 
period at the end of paragraph (36) and inserting ‘‘, plus’’, 
and by adding at the end the following new paragraph: 
‘‘(37) the employer-provided student loan re-
payment credit determined under section 45S(a).’’. 
(c) CREDIT REFUNDABLE FOR CERTAIN SMALL EM-
PLOYERS.— 
(1) IN GENERAL.—Section 38(c) of such Code 
is amended by redesignating paragraph (6) as para-
graph (7) and by inserting after paragraph (5) the 
following new paragraph: 
‘‘(6) SPECIAL RULES FOR EMPLOYER-PROVIDED 
STUDENT LOAN REPAYMENT CREDIT.— 
‘‘(A) IN GENERAL.—In the case of the em-
ployer-provided student loan repayment credit 
determined under section 45S(a) with respect to 
a specified small business or any organization 
exempt from tax under section 501(a)— 
‘‘(i) this section and section 39 shall 
be applied separately with respect to such 
credits, 
‘‘(ii) in applying paragraph (1) to 
such credits— 
‘‘(I) the tentative minimum tax 
shall be treated as being zero, and 
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‘‘(II) the limitation under para-
graph (1) (as modified by subclause 
(I)) shall be reduced by the credit al-
lowed under subsection (a) for the 
taxable year (other than the employer- 
provided student loan repayment cred-
it), and 
‘‘(iii) the amount of such credits in 
excess of the limitation under paragraph 
(1) (as modified by subparagraph (B)(ii)) 
shall be treated as a credit under subpart 
C. 
‘‘(B) SPECIFIED
SMALL
BUSINESS.—For 
purposes of this paragraph, the term ‘specified 
small business’ means— 
‘‘(i) an eligible small business (deter-
mined by substituting ‘$5,000,000’ for 
‘$50,000,000’ in paragraph (5)(C)), or 
‘‘(ii) a corporation, partnership, or 
sole proprietorship which during the pre-
ceding taxable year employed not more 
than 100 full-time employees. 
For purposes of clause (ii), an employee shall 
be considered full-time if such employee is em-
ployed at least 30 hours per week for 20 or 
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(d) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by adding at the end the fol-
lowing new item: 
‘‘Sec 45S. Student loan repayment program credit.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
Æ 
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