Sick and Family Leave Credit Tax Offset

IRC §3133

Increases the credits allowed under sections 3131 and 3132 by the amount of employer-side social security and Medicare taxes imposed on qualified sick or family leave wages.

Eligibility

Employers claiming credits for qualified sick or family leave wages under the American Rescue Plan Act framework.

Frequently Asked Questions

Who is eligible for the Sick and Family Leave Credit Tax Offset?

Employers claiming credits for qualified sick or family leave wages under the American Rescue Plan Act framework.

How does the Sick and Family Leave Credit Tax Offset work?

Increases the credits allowed under sections 3131 and 3132 by the amount of employer-side social security and Medicare taxes imposed on qualified sick or family leave wages.

What law authorizes the Sick and Family Leave Credit Tax Offset?

The Sick and Family Leave Credit Tax Offset is authorized under IRC §3133 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §3133

Source: Internal Revenue Code, Title 26, United States Code

§ 3133. Special rule related to tax on employers(a) In generalThe credit allowed by section 3131 and the credit allowed by section 3132 shall each be increased by the amount of the taxes imposed by subsections (a) and (b) of section 3111 and section 3221(a) on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 3131 or 3132 (respectively). (b) Denial of double benefitFor denial of double benefit with respect to the credit increase under subsection (a), see sections 3131(f)(3) and 3132(f)(3). (Added Pub. L. 117–2, title IX, § 9641(a), Mar. 11, 2021, 135 Stat. 171.) Statutory Notes and Related Subsidiaries Effective DateSection applicable to amounts paid with respect to calendar quarters beginning after Mar. 31, 2021, see section 9641(d) of Pub. L. 117–2, set out as a note under secton 3131 of this title.

Legal Sources

US Code (Official) — 26 USC §3133 → Cornell Law Institute — 26 USC §3133 → Search IRS.gov for IRC §3133 → Treasury Regulations (26 CFR) →

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