I 111th CONGRESS 1st Session H. R. 3452 IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Ms. Kaptur introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose a tax on Wall Street bonuses received from TARP recipients and direct revenue to mortgage workouts.

1.

Short title

This Act may be cited as the Recoupment of Wall Street Bonus Act.

2.

Bonuses received from certain TARP recipients

(a)

In general

In the case of an employee or former employee of a covered TARP recipient, the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year shall not be less than the sum of— (1)the tax that would be determined under such chapter if the taxable income of the taxpayer for such taxable year were reduced (but not below zero) by the TARP bonus received by the taxpayer during such taxable year, plus (2)100 percent of the TARP bonus received by the taxpayer during such taxable year. (b)

TARP bonus

For purposes of this section— (1)

In general

The term TARP bonus means, with respect to any individual for any taxable year, the lesser of— (A)the aggregate disqualified bonus payments received from covered TARP recipients during such taxable year, or (B)the excess of— (i)the adjusted gross income of the taxpayer for such taxable year, over (ii)$250,000 ($125,000 in the case of a married individual filing a separate return). (2)

Disqualified bonus payment

(A)

In general

The term disqualified bonus payment means any retention payment, incentive payment, or other bonus which is in addition to any amount payable to such individual for service performed by such individual at a regular hourly, daily, weekly, monthly, or similar periodic rate. (B)

Exceptions

Such term shall not include commissions, welfare or fringe benefits, or expense reimbursements. (C)

Waiver or return of payments

Such term shall not include any amount if the employee irrevocably waives the employee's entitlement to such payment, or the employee returns such payment to the employer, before the close of the taxable year in which such payment is due. The preceding sentence shall not apply if the employee receives any benefit from the employer in connection with the waiver or return of such payment. (3)

Reimbursement of tax treated as TARP bonus

Any reimbursement by a covered TARP recipient of the tax imposed under subsection (a) shall be treated as a disqualified bonus payment to the taxpayer liable for such tax. (c)

Covered TARP recipient

For purposes of this section— (1)

In general

The term covered TARP recipient means— (A)any person who receives after December 31, 2007, capital infusions under the Emergency Economic Stabilization Act of 2008 which, in the aggregate, exceed $5,000,000,000, (B)the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, (C)any person who is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to paragraphs (2) and (3) of subsection (b)) as a person described in subparagraph (A) or (B), and (D)any partnership if more than 50 percent of the capital or profits interests of such partnership are owned directly or indirectly by one or more persons described in subparagraph (A), (B), or (C). (2)

Exception for TARP recipients who repay assistance

A person shall be treated as described in paragraph (1)(A) for any period only if— (A)the excess of the aggregate amount of capital infusions described in paragraph (1)(A) with respect to such person over the amounts repaid by such person to the Federal Government with respect to such capital infusions, exceeds (B)$5,000,000,000. (d)

Other definitions

Terms used in this section which are also used in the Internal Revenue Code of 1986 shall have the same meaning when used in this section as when used in such Code. (e)

Coordination with Internal Revenue Code of 1986

Any increase in the tax imposed under chapter 1 of the Internal Revenue Code of 1986 by reason of subsection (a) shall not be treated as a tax imposed by such chapter for purposes of determining the amount of any credit under such chapter or for purposes of section 55 of such Code. (f)

Regulations

The Secretary of the Treasury, or the Secretary's delegate, shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. (g)

Effective date

This section shall apply to disqualified bonus payments received after December 31, 2008, in taxable years ending after such date.

3.

Deposit location for revenues received under section 1

All tax revenue received as a result of section 1 shall be deposited in the appropriate account at the Department of Housing and Urban Development to fund programs under section 4.