[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5845 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5845

     To amend the Internal Revenue Code of 1986 to extend the work 
 opportunity tax credit for veterans and to allow an exemption from an 
  employer's employment taxes in an amount equivalent to the value of 
                              such credit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2012

     Mr. Poe of Texas (for himself, Mr. Carnahan, and Ms. Buerkle) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
     To amend the Internal Revenue Code of 1986 to extend the work 
 opportunity tax credit for veterans and to allow an exemption from an 
  employer's employment taxes in an amount equivalent to the value of 
                              such credit.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Back to Work Act of 2012''.

SEC. 2. EXTENSION AND IMPROVEMENT OF WORK OPPORTUNITY TAX CREDIT FOR 
              VETERANS.

    (a) Extension of Credit for Veterans.--Clause (i) of section 
51(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking 
``December 31, 2012'' and inserting ``December 31, 2013''.
    (b) Election To Claim Credit as Exemption From Employment Taxes.--
            (1) In general.--Section 3111 of the Internal Revenue Code 
        of 1986 is amended by adding at the end the following new 
        subsection:
    ``(e) Special Exemption for Certain Veterans.--
            ``(1) In general.--Subsection (a) shall not apply to wages 
        paid by a qualified employer with respect to employment during 
        the period beginning on the day after the date of the enactment 
        of this subsection and ending on December 31, 2013, of any 
        specified veteran for services performed--
                    ``(A) in a trade or business of such qualified 
                employer, or
                    ``(B) in the case of a qualified employer exempt 
                from tax under section 501(a), in furtherance of the 
                activities related to the purpose or function 
                constituting the basis of the employer's exemption 
                under section 501.
            ``(2) Limitation.--With respect to any specified veteran 
        employed by a qualified employer, the amount of wages to which 
        paragraph (1) applies shall not exceed--
                    ``(A) $125,490 in the case of an individual who is 
                a qualified veteran by reason of section 
                51(d)(3)(A)(ii)(II),
                    ``(B) $73,203 in the case of an individual who is a 
                qualified veteran by reason of section 51(d)(3)(A)(iv),
                    ``(C) $62,745 in the case of an individual who is a 
                qualified veteran by reason of section 
                51(d)(3)(A)(ii)(I), and
                    ``(D) $31,373 in the case of any other qualified 
                veteran.
            ``(3) Qualified employer.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `qualified employer' 
                means any employer other than the United States, any 
                State, or any political subdivision thereof, or any 
                instrumentality of the foregoing.
                    ``(B) Treatment of employees of post-secondary 
                educational institutions.--Notwithstanding subparagraph 
                (A), the term `qualified employer' includes any 
                employer which is a public institution of higher 
                education (as defined in section 101(b) of the Higher 
                Education Act of 1965).
            ``(4) Specified veteran.--For purposes of this subsection--
                    ``(A) In general.--The term `specified veteran' 
                means any individual who--
                            ``(i) begins employment with a qualified 
                        employer after the date of the enactment of 
                        this subsection, and before January 1, 2014,
                            ``(ii) certifies by signed affidavit, under 
                        penalties of perjury, that such individual is a 
                        qualified veteran and whether such individual 
                        is a qualified veteran described in 
                        subparagraph (A), (B), or (C) of paragraph (2),
                            ``(iii) is not employed by the qualified 
                        employer to replace another employee of such 
                        employer unless such other employee separated 
                        from employment voluntarily or for cause, and
                            ``(iv) is not an individual described in 
                        section 51(i)(1) (applied by substituting 
                        `qualified employer' for `taxpayer' each place 
                        it appears).
                    ``(B) Qualified veteran.--The term `qualified 
                veteran' has the meaning given such term by section 
                51(d)(3), but applied without regard to whether such 
                individual has been certified by the designated local 
                agency.
            ``(5) Election.--A qualified employer may elect to have 
        this subsection not apply. Such election shall be made in such 
        manner as the Secretary may require.''.
            (2) Coordination with work opportunity credit.--Section 
        51(c) of such Code is amended by adding at the end the 
        following new paragraph:
            ``(6) Coordination with payroll tax exemption for qualified 
        veterans.--The credit determined under this section with 
        respect to any qualified veteran for any taxable year shall be 
        reduced by an amount equal to 7.65 percent of the qualified 
        first-year wages paid or incurred by the taxpayer to such 
        veteran during such taxable year to which section 3111(e) 
        applied.''.
            (3) Transfers to federal old-age and survivors insurance 
        trust fund.--There are hereby appropriated to the Federal Old-
        Age and Survivors Trust Fund and the Federal Disability 
        Insurance Trust Fund established under section 201 of the 
        Social Security Act (42 U.S.C. 401) amounts equal to the 
        reduction in revenues to the Treasury by reason of the 
        amendments made by paragraph (1). Amounts appropriated by the 
        preceding 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 had such amendments not been enacted.
            (4) Application to railroad retirement taxes.--
                    (A) In general.--Section 3221 of the Internal 
                Revenue Code of 1986 is amended by redesignating 
                subsection (d) as subsection (e) and by inserting after 
                subsection (c) the following new subsection:
    ``(d) Special Exemption for Certain Veterans.--
            ``(1) In general.--In the case of compensation paid by a 
        qualified employer during the period beginning on the day after 
        the date of the enactment of this subsection and ending on 
        December 31, 2013, with respect to having a specified veteran 
        in the employer's employ for services rendered to such 
        qualified employer, the applicable percentage under subsection 
        (a) shall be equal to the rate of tax in effect under section 
        3111(b) for the calendar year.
            ``(2) Limitation.--With respect to any specified veteran 
        employed by a qualified employer, the amount of compensation to 
        which paragraph (1) applies shall not exceed--
                    ``(A) $125,490 in the case of an individual who is 
                a qualified veteran by reason of section 
                51(d)(3)(A)(ii)(II),
                    ``(B) $73,203 in the case of an individual who is a 
                qualified veteran by reason of section 51(d)(3)(A)(iv),
                    ``(C) $62,745 in the case of an individual who is a 
                qualified veteran by reason of section 
                51(d)(3)(A)(ii)(I), and
                    ``(D) $31,373 in the case of any other qualified 
                veteran.
            ``(3) Qualified employer.--The term `qualified employer' 
        means any employer other than the United States, any State, or 
        any political subdivision thereof, or any instrumentality of 
        the foregoing.
            ``(4) Specified veteran.--For purposes of this subsection--
                    ``(A) In general.--The term `specified veteran' 
                means any individual who--
                            ``(i) begins employment with a qualified 
                        employer after the date of the enactment of 
                        this subsection, and before January 1, 2014,
                            ``(ii) certifies by signed affidavit, under 
                        penalties of perjury, that such individual is a 
                        qualified veteran and whether such individual 
                        is a qualified veteran described in 
                        subparagraph (A), (B), or (C) of paragraph (2),
                            ``(iii) is not employed by the qualified 
                        employer to replace another employee of such 
                        employer unless such other employee separated 
                        from employment voluntarily or for cause, and
                            ``(iv) is not an individual described in 
                        section 51(i)(1) (applied by substituting 
                        `qualified employer' for `taxpayer' each place 
                        it appears).
                    ``(B) Qualified veteran.--The term `qualified 
                veteran' has the meaning given such term by section 
                51(d)(3), but applied without regard to whether such 
                individual has been certified by the designated local 
                agency.
            ``(5) Election.--A qualified employer may elect to have 
        this subsection not apply. Such election shall be made in such 
        manner as the Secretary may require.''.
                    (B) Transfers to social security equivalent benefit 
                account.--There are hereby appropriated to the Social 
                Security Equivalent Benefit Account established under 
                section 15A(a) of the Railroad Retirement Act of 1974 
                (45 U.S.C. 231n-1(a)) amounts equal to the reduction in 
                revenues to the Treasury by reason of the amendments 
                made by subparagraph (A). Amounts appropriated by the 
                preceding 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 Account had such amendments 
                not been enacted.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid after the date of the enactment of this Act.
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