115 HR 5802 IH: Employee Business Expense Deduction Reinstatement Act of 2023 U.S. House of Representatives 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5802IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2023Mr. Grothman (for himself, Mr. Biggs, Mr. Mike Garcia of California, Mr. Santos, and Mr. Harris) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to allow unreimbursed employee expenses to be taken into account as miscellaneous itemized deductions.

1.

Short title

This Act may be cited as the Employee Business Expense Deduction Reinstatement Act of 2023.

2.

Unreimbursed employee expenses taken into account as miscellaneous itemized deduction

(a)

In general

Section 67(g) of the Internal Revenue Code of 1986 is amended—(1)by striking through 2025.—Notwithstanding subsection (a) and inserting the following; through 2025.—(1)

In general

Notwithstanding subsection (a), and except to the extent provided in paragraph (2), and(2)by adding at the end the following new paragraph:(2)

Exception for unreimbursed food, lodging, travel, or transportation expenses of employees

For such taxable years—(A)

In general

An individual may take into account under subsection (a) 85 percent of any miscellaneous itemized deductions for the taxable year which are unreimbursed food, lodging, travel, or transportation expenses paid or incurred by the individual in connection with the performance of services as an employee.(B)

Modified floor

Subsection (a) shall be applied by substituting 1 percent for 2 percent. .(b)

Effective date

The amendment made by this section shall take effect as if included in section 11045 of Public Law 115–97 (commonly known as the Tax Cuts and Jobs Act).(c)

Extension of statute of limitation on credit or refund

If the period of limitation on a credit or refund resulting from the amendments made by subsection (a) expires before the end of the 1-year period beginning on the date of the enactment of this Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period.