Voglio sapere a riguardo di…

50638

Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES

health care provider to self-quarantine due to concerns related to COVID19;
5 is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of the son or daughter is unavailable, due to COVID19 precautions; or 6 is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services HHS in consultation with the Secretaries of the Treasury and Labor.
The Secretary of HHS has specified, after consultation with the Secretaries of Treasury and Labor, that a substantially similar condition is one in which the employee takes leave:
To accompany an individual to obtain immunization related to COVID
19, or to care for an individual who is recovering from any injury, disability, illness, or condition related to the immunization.2
If an employee is unable to work or telework for reasons related to COVID
19 described in 1, 2, or 3 above, qualified sick leave wages are wages paid at the employees regular rate of pay or, if higher, the Federal minimum wage or any applicable State or local minimum wage, up to a maximum of $511 per day and $5,110 in the aggregate. If an employee is unable to work or telework for reasons related to COVID19 described in 4, 5, or 6
above, qualified sick leave wages are two-thirds of the wages paid at the employees regular rate of pay or, if higher, the Federal minimum wage or any applicable State or local minimum wage, up to a maximum of $200 per day and $2,000 in the aggregate.
Under section 3132, a credit is available to eligible employers who pay qualified family leave wages to an employee for up to 12 weeks of paid family leave provided during the period beginning April 1, 2021, and ending September 30, 2021, if the employee is unable to work or telework due to any of the conditions for which eligible employers may provide paid sick leave.
Qualified family leave wages are twothirds of the wages paid at the employees regular rate of pay, up to a maximum of $200 per day and $12,000
in the aggregate.
2 For more information on the paid sick and family leave credits, including who is an individual for purposes of this substantially similar condition, see Tax Credits for Paid Leave Under the American Rescue Plan Act of 2021 for Leave After March 31, 2021 Internal Revenue Service irs.gov at https www.irs.gov/newsroom/
tax-credits-for-paid-leave-under-the-americanrescue-plan-act-of-2021-for-leave-after-march-312021.

VerDate Sep<11>2014

21:14 Sep 09, 2021

Jkt 253001

An eligible employer may not receive the paid family leave credit for the same wages for which it received the paid sick leave credit. Further, an eligible employer that receives the credits for qualified sick leave wages under section 3131 of the Code and qualified family leave wages under section 3132 of the Code collectively, qualified leave wages may not receive the employee retention credit allowed under section 2301 of the CARES Act or section 3134
of the Code based on the same wages.
For the second calendar quarter of 2021, if an eligible employer receives the employee retention credit under section 2301 of the CARES Act based on wages paid that are also qualified leave wages on which the employer may claim the paid sick and family leave credits, the employer must reduce any paid sick and family leave credits by the amount of the credit allowed under section 2301 of the CARES Act that is attributable to those same wages. See sections 3131f3 and 3132f3. For the third and fourth calendar quarters of 2021, any qualified leave wages eligible employers take into account for purposes of the paid sick and family leave credits may not be taken into account for purposes of the employee retention credit under section 3134 of the Code. See section 3134c3D.
The paid sick and family leave credits are also reduced by the amount of the credit allowed under section 41 the credit for increasing research activities with respect to wages taken into account for determining both the credit under section 41 and the paid sick and family leave credits. In addition, any wages taken into account in determining paid sick and family leave credits cannot be taken into account as wages for purposes of the credits under sections 45A, 45P, 45S, and 51. See sections 3131f3 and 3132f3.
Sections 3131f2 and 3132f2
provide that, for purposes of sections 3131 and 3132, respectively, the term wages means wages as defined in section 3121a, determined without regard to paragraphs 1 through 22 of section 3121b, and compensation as defined in section 3231e, determined without regard to the sentence in section 3231e1 that begins Such term does not include remuneration.
Eligible employers are entitled to receive a credit equal to the amount of qualified leave wages paid under sections 3131 and 3132. Under sections 3131d and 3132d, the credit is increased by the eligible employers cost of maintaining health insurance coverage allocable to the qualified leave wages allocable qualified health plan expenses. Under sections 3131e and
PO 00000

Frm 00036

Fmt 4700

Sfmt 4700

3132e, the credit is also increased by certain amounts paid under collectively bargained agreements by the eligible employer that are properly allocable to the qualified leave wages certain collectively bargained contributions, subject to the daily and aggregate credit limitations. The credits for the qualified leave wages and the collectively bargained contributions combined cannot exceed the $511 daily and $5110
aggregate limitation or $200 daily and $2000 aggregate limitation for paid sick leave and the $200 daily and $12,000
aggregate limitation for paid family leave. However, the credit for the allocable qualified health expenses is in addition to the credit for the qualified leave wages and not subject to the daily and aggregate credit limitations.
Under sections 3131 and 3132, qualified leave wages are subject to the taxes imposed on employers by sections 3111a employers share of social security tax, 3111b, and 3221a, but section 3133a provides that the paid sick and family leave credits under sections 3131 and 3132 are increased by the amount of the taxes imposed by sections 3111a, 3111b, and 3221a on qualified leave wages.
The paid sick and family leave credits under sections 3131 and 3132 are allowed against the taxes imposed on employers under section 3111b the Hospital Insurance tax Medicare tax, and against so much of the taxes imposed under section 3221a the Railroad Retirement Tax Act Tier 1 tax as are attributable to the rate in effect under section 3111b, as applicable, on all wages and compensation paid to all employees, and any credit amounts in excess of these taxes are treated as an overpayment to be refunded under sections 6402a and 6413b of the Code. See sections 3131b4A, 3131f1, 3132b3A, and 3132f1.
II. Employee Retention Credit Section 2301 of the CARES Act, as originally enacted, provides for an employee retention credit for eligible employers, including tax-exempt organizations, that pay qualified wages, including certain health plan expenses, to some or all employees after March 12, 2020, and before January 1, 2021.
Section 206 of the Relief Act adopted amendments and technical changes to section 2301 of the CARES Act for qualified wages paid after March 12, 2020, and before January 1, 2021, primarily expanding eligibility for certain employers to claim the credit.
Section 206 of the Relief Act is effective retroactive to the effective date of section 2301 of the CARES Act. Section 207 of the Relief Act, which is effective
E:FRFM10SER1.SGM

10SER1