(d) CERTAIN RULES TO APPLY.—For purposes of 
this section, rules similar to the rules of sections 51(i)(1) 
and 280C(a) of the Internal Revenue Code of 1986 shall 
apply. 
(e) CERTAIN GOVERNMENTAL EMPLOYERS.—This 
credit shall not apply to the Government of the United 
States, the government of any State or political subdivi-
sion thereof, or any agency or instrumentality of any of 
the foregoing. 
(f) ELECTION NOT TO HAVE SECTION APPLY.—This 
section shall not apply with respect to any employer for 
any calendar quarter if such employer elects (at such time 
and in such manner as the Secretary may prescribe) not 
to have this section apply. 
(g) THIRD-PARTY
PAYORS.—Any credit allowed 
under this section shall be treated as a credit described 
in section 3511(d)(2) of such Code. 
(h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-
VIVORS INSURANCE TRUST FUND.—There are hereby ap-
propriated to the Federal Old-Age and Survivors Insur-
ance Trust Fund and the Federal Disability Insurance 
Trust Fund established under section 201 of the Social 
Security Act (42 U.S.C. 401) and the Social Security 
Equivalent Benefit Account established under section 
15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
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14 231n–1(a)) amounts equal to the reduction in revenues 
to the Treasury by reason of this section (without regard 
to this subsection). Amounts appropriated by the pre-
ceding sentence shall be transferred from the general fund 
at such times and in such manner as to replicate to the 
extent possible the transfers which would have occurred 
to such Trust Fund or Account had this section not been 
enacted. 
(i) TREATMENT OF DEPOSITS.—The Secretary shall 
waive any penalty under section 6656 of the Internal Rev-
enue Code of 1986 for any failure to make a deposit of 
any applicable employment taxes if the Secretary deter-
mines that such failure was due to the reasonable anticipa-
tion of the credit allowed under this section. 
(j) REGULATIONS AND GUIDANCE.—The Secretary 
shall issue such forms, instructions, regulations, and guid-
ance as are necessary— 
(1) to allow the advance payment of the credit 
under subsection (a), subject to the limitations pro-
vided in this section, based on such information as 
the Secretary shall require; 
(2) to provide for the reconciliation of such ad-
vance payment with the amount advanced at the 
time of filing the return of tax for the applicable cal-
endar quarter or taxable year; and 
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(3) with respect to the application of the credit 
under subsection (a) to third-party payors (including 
professional employer organizations, certified profes-
sional employer organizations, or agents under sec-
tion 3504 of the Internal Revenue Code of 1986). 
(k) APPLICATION.—This section shall only apply to 
qualified bonuses paid after March 12, 2020, and before 
January 1, 2021. 
Æ 
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