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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
Drafting Information The principal author of these temporary regulations is NaLee Park, Office of the Associate Chief Counsel Employee Benefits, Exempt Organizations, and Employment Taxes.
However, other personnel from the Treasury Department and the IRS
participated in the development of these temporary regulations.
List of Subjects in 26 CFR Part 31
Employment taxes, Income taxes, Penalties, Pensions, Railroad retirement, Reporting and recordkeeping requirements, Social security, Unemployment compensation.
Adoption of Amendments to the Regulations Accordingly, 26 CFR part 31 is amended as follows:
PART 31EMPLOYMENT TAXES AND
COLLECTION OF INCOME TAX AT
SOURCE
Paragraph 1. The authority citation for part 31 is amended by adding entries for 31.31311T, 31.31321T, and 31.31341T in numerical order to read in part as follows:

Authority: 26 U.S.C. 7805.

Section 31.31311T also issued under 26
U.S.C. 3131g.
Section 31.31321T also issued under 26
U.S.C. 3132g.
Section 31.31341T also issued under 26
U.S.C. 3134m3.

Par. 2. Section 31.31311T is added to read as follows:

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31.31311T

Recapture of credits.

a Recapture of erroneously refunded credits. Any amount of credits for qualified sick leave wages under section 3131a, including any increase to the amount of the credits under sections 3131d, 3131e, and 3133, that are treated as overpayments and refunded or credited to an employer under section 6402a or section 6413b and to which the employer is not entitled, resulting in an erroneous refund to the employer, shall be treated as an underpayment of the taxes imposed under section 3111b and so much of the taxes imposed under section 3221a as are attributable to the rate in effect under section 3111b, as applicable, and may be assessed and collected by the Secretary in the same manner as the taxes.
b Advance credit amounts erroneously refunded. The determination of any amount of credits erroneously refunded as described in
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paragraph a of this section must take into account any amount of credits advanced to an employer under the process established by the Internal Revenue Service in accordance with sections 3131b4B and 3131g6.
c Third party payors. For purposes of this section, employers against whom an erroneous refund of the credits under section 3131 including any increases in those credits under section 3133, can be assessed as an underpayment of the taxes imposed under section 3111b and so much of the taxes imposed under section 3221a as are attributable to the rate in effect under section 3111b, as applicable, include persons treated as the employer under sections 3401d, 3504, and 3511, consistent with their liability for the section 3111b or 3121a taxes against which the credit applied.
d Applicability date. This section applies to all credit refunds under section 3131 including any increases in those credits under section 3133, advanced or paid on or after April 1, 2021.
Par. 3. Section 31.31321T is added to read as follows:
31.31321T

Recapture of credits.

a Recapture of erroneously refunded credits. Any amount of credits for qualified family leave wages under sections 3132, including any increase to the amount of the credits under sections 3132d, 3132e, and 3133, that are treated as overpayments and refunded or credited to an employer under section 6402a or section 6413b and to which the employer is not entitled, resulting in an erroneous refund to the employer, shall be treated as an underpayment of the taxes imposed under section 3111b and so much of the taxes imposed under section 3221a as are attributable to the rate in effect under section 3111b, as applicable, and may be assessed and collected by the Secretary in the same manner as the taxes.
b Advance credit amounts erroneously refunded. The determination of any amount of credits erroneously refunded as described in paragraph a of this section must take into account any amount of credits advanced to an employer under the process established by the Internal Revenue Service in accordance with sections 3132b3B and 3132g6.
c Third party payors. For purposes of this section, employers against whom an erroneous refund of the credits under section 3132 including any increases in those credits under section 3133, can be assessed as an underpayment of the taxes imposed under section 3111b
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and so much of the taxes imposed under section 3121a as are attributable to the rate in effect under section 3111b, as applicable, include persons treated as the employer under sections 3401d, 3504, and 3511, consistent with their liability for the section 3111b or 3121a taxes against which the credit applied.
d Applicability date. This section applies to all credit refunds under section 3132 including any increases in those credits under section 3133
advanced or paid on or after April 1, 2021.
Par. 4. Section 31.31341T is added to read as follows:

31.31341T

Recapture of credits.

a Recapture of erroneously refunded credits. Any amount of credits for qualified wages under section 3134 of the Code that is treated as an overpayment and refunded or credited to an employer under section 6402a or section 6413b of the Code and to which the employer is not entitled, resulting in an erroneous refund to the employer, shall be treated as an underpayment of the taxes imposed under section 3111b and so much of the taxes imposed under section 3221a as are attributable to the rate in effect under section 3111b, as applicable, and may be assessed and collected by the Secretary in the same manner as the taxes.
b Advance credit amounts erroneously refunded. The determination of any amount of credits erroneously refunded as described in paragraph a of this section must take into account any amount of credits advanced to an employer under the process established by the Internal Revenue Service in accordance with sections 3134j and 3134m.
c Third party payors. For purposes of this section, employers against whom an erroneous refund of the credits under section 3134 can be assessed as an underpayment of the taxes imposed under section 3111b and so much of the taxes imposed under section 3121a as are attributable to the rate in effect under section 3111b, as applicable, include persons treated as the employer under sections 3401d, 3504, and 3511, consistent with their liability for the section 3111b or 3121a taxes against which the credit applied.
d Applicability date. This section applies to all credit refunds under
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