[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Pages S1220-S1223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4477. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 1383, to establish the Veterans Advisory Committee 
on Equal Access, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     TITLE __--PROGRESS OPPORTUNITIES FOR SMALL BUSINESS INVESTORS

     SECTION __01. SHORT TITLE.

       This Act may be cited as the ``Providing Real Opportunities 
     for Growth to Rising Entrepreneurs for Sustained Success 
     (PROGRESS) Act''.

     SEC. __02. SMALL BUSINESS INVESTOR TAX CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45BB. SMALL BUSINESS INVESTOR TAX CREDIT.

       ``(a) General Rule.--For purposes of section 38, the small 
     business investor credit determined under this section for 
     any taxable year is an amount equal to the sum of the credit 
     amounts determined for the taxable year for all qualified 
     investments of the taxpayer.
       ``(b) Credit Amount.--For purposes of this section--
       ``(1) In general.--The term `credit amount' means, with 
     respect to any qualified investment in a qualifying business 
     entity, the lesser of--
       ``(A) 10 percent of the amount of the qualified investment 
     determined under subsection (c)(3) for the taxable year, or
       ``(B) an amount equal to--
       ``(i) 50 percent of such qualified investment, reduced (but 
     not below zero) by
       ``(ii) the amount of the credit determined under this 
     section with respect to such qualified investment of the 
     taxpayer for all preceding taxable years.
       ``(2) Overall dollar limitation.--
       ``(A) In general.--The credit amount determined under 
     paragraph (1) with respect to any qualified investment of a 
     taxpayer in a qualifying business entity for any taxable year 
     shall not exceed the lesser of--
       ``(i) $10,000 (as increased for the taxable year by the 
     cost-of-living adjustment under subsection (e)(2)), or
       ``(ii) an amount equal to--

       ``(I) an amount equal to 5 times the amount under clause 
     (i) for the taxable year, reduced (but not below zero) by
       ``(II) the amount of the credit determined under this 
     section with respect to such qualified investment of the 
     taxpayer for all preceding taxable years.

       ``(B) No credit amount by reason of cost-of-living 
     adjustment after overall limit first reached.--No credit 
     amount shall be determined under this section with respect to 
     any qualified investment of a taxpayer in a qualifying 
     business entity for any taxable year after the first taxable 
     year for which the amount determined under subclause (II) of 
     subparagraph (A)(ii) equals or exceeds the amount determined 
     under subclause (I) of such subparagraph.
       ``(3) Reduction in credit amount where loan rate exceeds 
     prime rate.--
       ``(A) In general.--If--
       ``(i) the rate of interest (expressed as an annual 
     percentage rate) on a qualified investment which is a 
     qualifying loan, exceeds
       ``(ii) the bank prime rate as of the first day of the month 
     in which the loan is entered into (or such other time as the 
     Secretary may specify),
     then each of the amounts determined under subparagraphs (A) 
     and (B)(i) of paragraph (1) shall be reduced (but not below 
     zero) by the amount which bears the same ratio to such amount 
     as the number of full percentage points by which such rate of 
     interest exceeds such bank prime rate bears to 25.
       ``(B) Special rules where qualifying loans treated as part 
     of single investment.--If 1 or more qualifying loans to which 
     subparagraph (A) applies are treated as part of a single 
     qualified investment under subsection (c)(1), then, for 
     purposes of this subsection--
       ``(i) the credit amount under paragraph (1) for such single 
     qualified investment shall be the sum of such credit amounts 
     computed separately for each such qualifying loan and such 
     credit amount computed for all other qualified investments 
     treated as part of such single qualified investment, and
       ``(ii) the limitation under paragraph (2) shall be applied 
     to such sum.
       ``(C) Rules relating to interest rates.--
       ``(i) Annual percentage rate.--The Secretary shall 
     prescribe guidance or regulations for the calculation of the 
     annual percentage rate of interest on a loan for purposes of 
     subparagraph (A)(i), including rules which provide for--

       ``(I) the calculation of the annual percentage rate in 
     cases where there is a variable rate of interest,
       ``(II) the recalculation of the annual percentage rate 
     where the terms of the loan are modified after the loan is 
     entered into, and
       ``(III) the proper taking into account of lump sum 
     payments, orientation and application fees, closing fees, 
     invoice discounting fees and any other loan fees.

       ``(ii) Bank prime rate.--For purposes of subparagraph 
     (A)(ii), the term `bank prime rate' means the average 
     predominant prime rate quoted by commercial banks to large 
     businesses, as determined by the Board of Governors of the 
     Federal Reserve System.
       ``(4) Special rules for pass-thru entities.--For purposes 
     of this subsection, if a qualified investment in a qualifying 
     business entity is made by a partnership, trust, S 
     corporation, or other pass-thru entity, the limitations under 
     this subsection shall apply at the entity level.
       ``(c) Qualified Investment.--For purposes of this section--
       ``(1) In general.--The term `qualified investment' means, 
     with respect to any qualifying business entity, either of the 
     following of the taxpayer:
       ``(A) The direct or indirect acquisition of stock, or a 
     capital interest, in the entity at its original issue solely 
     in exchange for cash.
       ``(B) A qualifying loan made to the entity.
     If a taxpayer has or had more than 1 qualified investment in 
     any qualifying business entity for the taxable year or any 
     prior taxable year, all such investments shall be treated as 
     a single qualified investment for purposes of applying this 
     section.
       ``(2) Exception for investments made by qualified active 
     investors and related persons.--Such term shall not include 
     any acquisition or loan made by a taxpayer who, immediately 
     before the acquisition or loan,

[[Page S1221]]

     is a qualified active investor in the qualifying business 
     entity or is related to any qualified active investor.
       ``(3) Amount of qualified investment.--The amount of a 
     taxpayer's qualified investment with respect to any 
     qualifying business entity for any taxable year shall be the 
     monthly average for months ending within the taxable year 
     of--
       ``(A) the taxpayer's aggregate unadjusted bases in all 
     stock or interests described in paragraph (1)(A) as of the 
     close of each such month, and
       ``(B) the aggregate outstanding principal amount of all 
     qualified loans described in paragraph (1)(B) as of the close 
     of each such month.
       ``(4) Special rules for transfers of qualifying loans.--
       ``(A) In general.--If a taxpayer sells, exchanges, or 
     otherwise transfers all or any portion of a qualifying loan 
     which is a qualified investment in a qualifying business 
     entity, such investment shall be treated as a qualified 
     investment in the hands of the transferee (and not of the 
     transferor) for periods after the transfer. This paragraph 
     shall also apply to any subsequent transfer of such interest.
       ``(B) Coordination of limits.--In applying subsection (b) 
     to any qualifying loan treated as a qualified investment of a 
     transferee under this paragraph--
       ``(i) all credits determined under this section for any 
     periods before the transfer with respect to the qualified 
     investment of any prior holder of such investment shall be 
     taken into account under paragraphs (1)(B)(ii) and 
     (2)(A)(ii)(II) of such subsection in the same manner as if 
     such credits were determined for the transferee for prior 
     taxable years, and
       ``(ii) if only a portion of the qualified investment was 
     transferred, the amount taken into account under such 
     paragraphs by reason of clause (i) shall be ratably reduced 
     to reflect only the portion so transferred.
       ``(d) Qualifying Business Entity.--For purposes of this 
     section--
       ``(1) Definition.--
       ``(A) In general.--The term `qualifying business entity' 
     means, with respect to any qualified investment, any entity 
     which is engaged in 1 or more trades or businesses and with 
     respect to which--
       ``(i) the qualified active investor ownership requirements 
     of paragraph (2) are met immediately before and after the 
     qualified investment,
       ``(ii) the wage requirements of paragraph (3) are met, and
       ``(iii) the certification requirements of paragraph (4) are 
     met.
       ``(B) Entities under common control.--For purposes of this 
     section, all qualifying business entities treated as a single 
     employer under subsection (a) or (b) of section 52 or 
     subsection (m) or (o) of section 414 shall be treated as a 
     single qualifying business entity.
       ``(2) Qualified active investor ownership requirements.--
     The requirements of this paragraph are met with respect to 
     any entity if qualified active investors own directly or 
     indirectly--
       ``(A) in the case of a corporation, more than 50 percent 
     (by vote and value) of the stock in the corporation, and
       ``(B) in the case of any other entity, more than 50 percent 
     of the capital or profits interests in the entity.
       ``(3) Wage requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met with respect to any entity if the entity, during the 
     taxable year of the entity preceding the taxable year in 
     which the qualified investment is made--
       ``(i) employed at least 1 full-time employee, or employees 
     constituting a full-time equivalent employee, in 1 or more 
     trades or businesses of the entity, and
       ``(ii) paid W-2 wages to such employee or employees with 
     respect to such employment.
       ``(B) Certain wages not taken into account.--W-2 wages 
     shall not be taken into account under subparagraph (A) if 
     paid by an entity to an employee, and such employee shall not 
     be taken into account under subparagraph (A)(i), during any 
     period the employee is--
       ``(i) a qualified active investor, or
       ``(ii) an employee other than a qualified active investor 
     who is a 5-percent owner (as defined in section 
     416(i)(1)(B)(i)) of the entity.
       ``(C) W-2 wages.--The term `W-2 wages' means, with respect 
     to any entity, the amounts described in paragraphs (3) and 
     (8) of section 6051(a) paid by the entity with respect to 
     employment of employees by the entity.
       ``(D) Full-time employees and equivalents.--For purposes of 
     this paragraph--
       ``(i) the term `full-time employee' has the meaning given 
     to such term by section 4980H(c)(4), and
       ``(ii) the determination of the number of employees 
     constituting a full-time equivalent shall be made in the same 
     manner as under section 4980H(c)(2)(E).
       ``(4) Certification requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met with respect to any entity if the entity certifies, in 
     such form and manner and at such time as the Secretary may 
     prescribe, that, at the time of the qualified investment, the 
     entity--
       ``(i) is engaged in 1 or more trades or businesses, and
       ``(ii) meets the requirements of paragraphs (2) and (3) to 
     be treated as a qualifying business entity.
       ``(B) Certification provided to investors and secretary.--
     An entity shall--
       ``(i) provide the certification under subparagraph (A) to 
     the person making the qualified investment at the time such 
     investment is made, and
       ``(ii) include such certification, and the names, 
     addresses, and taxpayer identification numbers of the 
     entity's qualified active investors and the persons making 
     the qualified investment, with its return of tax for the 
     taxable year which includes the date of the qualified 
     investment.
       ``(C) Certification included with return claiming credit.--
     No credit shall be determined under subsection (a) with 
     respect to any taxpayer making a qualified investment in a 
     qualifying business entity unless the taxpayer includes the 
     certification under subparagraph (A) with respect to the 
     investment with its return of tax for any taxable year for 
     which such credit is being claimed.
       ``(D) Timely filed return required.--The requirements of 
     subparagraph (B)(ii) or (C) shall be treated as met only if 
     the return described in such subparagraph is filed on or 
     before its due date (including extensions).
       ``(5) Qualified active investor.--
       ``(A) In general.--The term `qualified active investor' 
     means, with respect to any entity, an individual who--
       ``(i) is a citizen or resident of the United States,
       ``(ii) materially participates (within the meaning of 
     section 469(h)) in 1 or more trades or businesses of the 
     entity,
       ``(iii) holds stock, or a capital or profits interest, in 
     the entity, and
       ``(iv) meets the income requirements of subparagraph (B).
       ``(B) Income requirements.--The requirements of this 
     subparagraph are met with respect to an individual if the 
     average annual adjusted taxable income of the individual for 
     the 3 taxable years of the individual immediately preceding 
     the taxable year in which the qualified investment is made 
     does not exceed the applicable amount.
       ``(C) Applicable amount.--For purposes of this paragraph, 
     the term `applicable amount' means, with respect to any 
     taxable year in which a qualified investment is made--
       ``(i) in the case of an individual not described in clause 
     (ii), $100,000 (as increased for the taxable year by the 
     cost-of-living adjustment under subsection (e)(2)), and
       ``(ii) in the case of an individual who is a married 
     individual filing a joint return or who is a head of 
     household (as defined in section 2(b)) for the taxable year, 
     an amount equal to 2 times the amount in effect under clause 
     (i) for the taxable year.
       ``(D) Rules for determining average taxable income.--For 
     purposes of this paragraph--
       ``(i) a married individual filing a separate return of tax 
     for any taxable year shall include the adjusted taxable 
     income of their spouse in computing the individual's average 
     adjusted taxable income for any period unless the Secretary 
     determines that the spouse's information is not available to 
     the individual, and
       ``(ii) the Secretary shall prescribe rules for the 
     determination of average adjusted taxable income in cases 
     where the individual had different filing statuses for the 3 
     taxable years described in subparagraph (B).
       ``(E) Adjusted taxable income.--The term `adjusted taxable 
     income' means taxable income computed without regard to the 
     deductions under sections 172 and 199A.
       ``(e) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Related persons.--A person shall be treated as 
     related to another person if the person bears a relationship 
     to such other person described in section 267(b), except that 
     section 267(b) shall be applied by substituting `5 percent' 
     for `50 percent' each place it appears.
       ``(2) Cost-of-living adjustments.--In the case of any 
     taxable year beginning after 2027, the $10,000 amount under 
     subsection (b)(2)(A)(i) and the $100,000 amount under 
     subsection (d)(5)(C)(i) shall each be increased by an amount 
     equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment under section 1(f)(3) 
     for the calendar year in which the taxable year begins, 
     determined by substituting `2026' for `2016' in subparagraph 
     (A)(ii) thereof.
     If any increase in such $10,000 amount is not a multiple of 
     $100, such increase shall be rounded to the next lowest 
     multiple of $100 and if any increase in such $100,000 amount 
     is not a multiple of $1,000, such increase shall be rounded 
     to the next lowest multiple of $1,000.
       ``(3) Rules relating to entities.--
       ``(A) Sole proprietorships.--If a taxpayer carries on 1 or 
     more trades or businesses as sole proprietorships, all such 
     trades or businesses shall be treated as a single entity for 
     purposes of applying this section.
       ``(B) Application to disregarded entities.--In the case of 
     any entity with a single owner which is disregarded as an 
     entity separate from its owner for purposes of this title, 
     this section shall be applied in the same manner as if such 
     entity were a corporation.
       ``(f) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary to carry 
     out the provisions of this section.''.
       (b) Credit to Be Part of General Business Credit.--Section 
     38(b) of such Code is amended by striking ``plus'' at the end 
     of paragraph (40), by striking the period at the end of 
     paragraph (41) and inserting ``, plus'',

[[Page S1222]]

     and by adding at the end the following new paragraph:
       ``(42) the small business investor credit determined under 
     section 45BB(a).''.
       (c) Credit Allowed Against Alternative Minimum Tax.--
     Section 38(c)(4)(B) of such Code is amended by redesignating 
     clauses (x), (xi), and (xii) as clauses (xi), (xii), and 
     (xiii), respectively, and by inserting after clause (ix) the 
     following new clause:
       ``(x) the credit determined under section 45BB,''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:
``Sec. 45BB. Small business investor tax credit.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to qualified investments made in taxable years 
     beginning after December 31, 2026.

     SEC. 3. FIRST EMPLOYEE BUSINESS WAGE CREDIT.

       (a) Allowance of Credit.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986, as amended by 
     section __02, is amended by adding at the end the following 
     new section:

     ``SEC. 45CC. FIRST EMPLOYEE BUSINESS WAGE CREDIT.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of a qualifying business entity, the first employee 
     business wage credit determined under this section for any 
     taxable year is an amount equal to 25 percent of the 
     qualified wages of the entity for the taxable year.
       ``(b) Dollar Limitations.--
       ``(1) In general.--The amount of the credit determined 
     under subsection (a) with respect to any qualifying business 
     entity for any taxable year shall not exceed the lesser of--
       ``(A) $10,000 (as increased for the taxable year by the 
     cost-of-living adjustment under subsection (f)), or
       ``(B) the excess (if any) of--
       ``(i) an amount equal to 4 times the amount under 
     subparagraph (A) for the taxable year, over
       ``(ii) the amount of the credit determined under this 
     section with respect to such entity for all preceding taxable 
     years.
       ``(2) No credit by reason of cost-of-living adjustment 
     after overall limit first reached.--No credit shall be 
     determined under this section with respect to any qualifying 
     business entity for any taxable year after the first taxable 
     year for which the amount determined under clause (ii) of 
     paragraph (1)(B) equals or exceeds the amount determined 
     under clause (i) of such paragraph.
       ``(3) Pass-thru entities.--If a qualifying business entity 
     is a partnership, trust, S corporation, or other pass-thru 
     entity, the limitations under this subsection shall apply at 
     the entity level.
       ``(c) Qualified Wages.--For purposes of this section--
       ``(1) In general.--The term `qualified wages' means, with 
     respect to any qualifying business entity, the amount of W-2 
     wages paid or incurred during any eligible taxable year to 
     employees for services performed in connection with a trade 
     or business of the entity.
       ``(2) Exception for qualified active investors and 5-
     percent owner-employees.--W-2 wages shall not be taken into 
     account under paragraph (1) if paid by an entity to an 
     employee, and such employee shall not be taken into account 
     under paragraph (3)(A), during any period the employee is--
       ``(A) a qualified active investor, or
       ``(B) an employee other than a qualified active investor 
     who is a 5-percent owner (as defined in section 
     416(i)(1)(B)(i)) of the entity.
       ``(3) Eligible taxable year.--
       ``(A) In general.--The term `eligible taxable year' means 
     any taxable year of a qualifying business entity--
       ``(i) which occurs during the period--

       ``(I) beginning with the first taxable year of the entity 
     in which the entity employed at least 1 full-time employee 
     (or employees constituting a full-time equivalent employee) 
     in 1 or more trades or businesses of the entity during the 
     taxable year and paid W-2 wages to such employee or employees 
     with respect to such employment, and
       ``(II) ending with the last taxable year for which a credit 
     may be determined for the entity under this section by reason 
     of the limitation under subsection (b)(2), and

       ``(ii) in the case of a taxable year other than the first 
     taxable year described in clause (i)(I), with respect to 
     which the entity meets the employment and wage requirements 
     of such clause.
     Such term shall not include any taxable year during such a 
     period if the first taxable year described in clause (i)(I) 
     of the entity (or any predecessor) begins before January 1, 
     2024.
       ``(B) W-2 wages; full-time employees.--For purposes of this 
     subsection, W-2 wages, full-time employees, and full-time 
     employee equivalents shall be determined in the same manner 
     as under section 45BB.
       ``(d) Qualifying Business Entity.--For purposes of this 
     section--
       ``(1) Qualifying business entity defined.--
       ``(A) In general.--The term `qualifying business entity' 
     means, with respect to any taxable year for which a credit 
     under this section is being determined, any entity--
       ``(i) which is engaged in 1 or more trades or businesses,
       ``(ii) with respect to which the qualified active investor 
     ownership requirements of paragraph (2) of section 45BB(d) 
     are met as of the close of such taxable year (rather than 
     immediately before and after the qualified investment), and
       ``(iii) with respect to which the certification 
     requirements of paragraph (2) are met.
       ``(B) Entities under common control.--For purposes of this 
     section--
       ``(i) In general.--All qualifying business entities treated 
     as a single employer under subsection (a) or (b) of section 
     52 or subsection (m) or (o) of section 414 shall be treated 
     as a single qualifying business entity.
       ``(ii) Allocation of credit.--Except as provided in 
     regulations, the credit under this section shall be allocated 
     among the entities comprising the single entity described in 
     clause (i) in proportion to the qualified wages of each such 
     entity taken into account under subsection (a).
       ``(2) Certification requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met with respect to any entity for any taxable year described 
     in paragraph (1) if the entity certifies, in such form and 
     manner and at such time as the Secretary may prescribe, that 
     the entity meets the requirements described in clauses (i) 
     and (ii) of paragraph (1)(A).
       ``(B) Certification provided to secretary.--An entity shall 
     include the certification under subparagraph (A), and the 
     names, addresses, and taxpayer identification numbers of the 
     entity's qualified active investors (and employees who are 5-
     percent owners described in subsection (c)(2)(B)), with its 
     return of tax for the taxable year to which the certification 
     relates. The requirement of this subparagraph is met only if 
     such return is filed before its due date (including 
     extensions).
       ``(3) Qualified active investor.--For purposes of this 
     section (including applying the requirements of paragraph (2) 
     of section 45BB(d) for purposes of paragraph (1)(A)(ii)), the 
     term `qualified active investor' has the same meaning given 
     such term by section 45BB(d)(5), except that such section 
     shall be applied separately for each taxable year described 
     in paragraph (1) (rather than the taxable year of the 
     qualified investment).
       ``(e) Election to Apply Credit Against Payroll Taxes.--
       ``(1) In general.--At the election of a qualifying business 
     entity, section 3111(g) shall apply to the payroll tax credit 
     portion of the credit otherwise determined under subsection 
     (a) for the taxable year and such portion shall not be 
     treated (other than for purposes of section 280C) as a credit 
     determined under subsection (a).
       ``(2) Payroll tax credit portion.--For purposes of this 
     subsection, the payroll tax credit portion of the credit 
     determined under subsection (a) with respect to any 
     qualifying business entity for any taxable year is the least 
     of--
       ``(A) the amount specified in the election made under this 
     subsection,
       ``(B) the credit determined under subsection (a) for the 
     taxable year (determined before the application of this 
     subsection), or
       ``(C) in the case of a qualifying business entity other 
     than a partnership, estate, S corporation or other pass-thru 
     entity, the amount of the business credit carryforward under 
     section 39 carried from the taxable year (determined before 
     the application of this subsection to the taxable year).
       ``(3) Election.--
       ``(A) In general.--Any election under this subsection for 
     any taxable year--
       ``(i) shall specify the amount of the credit to which such 
     election applies,
       ``(ii) shall be made on or before the due date (including 
     extensions) of the return for the taxable year, and
       ``(iii) may be revoked only with the consent of the 
     Secretary.
       ``(B) Special rule for pass-thru entities.--In the case of 
     a partnership, estate, S corporation, or other pass-thru 
     entity, the election made under this subsection shall be made 
     at the entity level.
       ``(f) Cost-of-living Adjustments.--In the case of any 
     taxable year beginning after 2027, the $10,000 amount under 
     subsection (b)(1)(A) shall be increased by an amount equal 
     to--
       ``(1) such dollar amount, multiplied by
       ``(2) the cost-of-living adjustment under section 1(f)(3) 
     for the calendar year in which the taxable year begins, 
     determined by substituting `2026' for `2016' in subparagraph 
     (A)(ii) thereof.
     If any increase in such amount is not a multiple of $100, 
     such increase shall be rounded to the next lowest multiple of 
     $100.
       ``(g) Other Rules.--For purposes of this section--
       ``(1) Rules relating to entities.--Rules similar to the 
     rules of section 45BB(e)(3) shall apply.
       ``(2) Election not to have credit apply.--
       ``(A) In general.--A taxpayer may elect not to have this 
     section apply for any taxable year.
       ``(B) Other rules.--Rules similar to the rules of 
     paragraphs (2) and (3) of section 51(j) shall apply for 
     purposes of this paragraph.
       ``(3) Certain other rules made applicable.--Rules similar 
     to the rules of subsections (c), (d), and (e) of section 52 
     shall apply.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary to carry 
     out the provisions of this section, including regulations--
       ``(1) preventing the avoidance of the limitations under 
     this section in cases in which there is a successor or new 
     qualified business entity with respect to the same trade or

[[Page S1223]]

     business for which a predecessor qualified business entity 
     already claimed the credit under this section,
       ``(2) to minimize compliance and recordkeeping burdens 
     under the provisions of this section, and
       ``(3) for recapturing the benefit of credits determined 
     under section 3111(g) in cases where there is a recapture or 
     a subsequent adjustment to the payroll tax credit portion of 
     the credit determined under subsection (a), including 
     requiring amended income tax returns in the cases where there 
     is such an adjustment.''.
       (2) Credit to be part of general business credit.--Section 
     38(b) of such Code, as amended by section __02, is amended by 
     striking ``plus'' at the end of paragraph (41), by striking 
     the period at the end of paragraph (42) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(43) the first employee business wage credit determined 
     under section 45CC(a).''.
       (3) Credit allowed against alternative minimum tax.--
     Section 38(c)(4)(B) of such Code, as amended by section __02, 
     is amended by redesignating clauses (xi), (xii), and (xiii) 
     as clauses (xii), (xiii), and (xiv), respectively, and by 
     inserting after clause (x) the following new clause:
       ``(xi) the credit determined under section 45CC,''.
       (4) Clerical amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code, as 
     amended by section __02, is amended by adding at the end the 
     following new item:
``Sec. 45CC. First employee business wage credit.''.
       (b) Payroll Tax Credit.--Section 3111 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(g) Credit for First Employee Business Wage Expenses.--
       ``(1) In general.--In the case of a taxpayer who has made 
     an election under section 45CC(e) for a taxable year, there 
     shall be allowed as a credit against the tax imposed by 
     subsection (a) for the first calendar quarter which begins 
     after the date on which the taxpayer files the return for the 
     taxable year an amount equal to the payroll tax credit 
     portion determined under section 45CC(e)(2).
       ``(2) Limitation.--The credit allowed by paragraph (1) 
     shall not exceed the tax imposed by subsection (a) for any 
     calendar quarter on the wages paid with respect to the 
     employment of all individuals in the employ of the employer.
       ``(3) Carryover of unused credit.--If the amount of the 
     credit under paragraph (1) exceeds the limitation of 
     paragraph (2) for any calendar quarter, such excess shall be 
     carried to the succeeding calendar quarter and allowed as a 
     credit under paragraph (1) for such quarter.
       ``(4) Deduction allowed for credited amounts.--
     Notwithstanding section 280C(a), the credit allowed under 
     paragraph (1) shall not be taken into account for purposes of 
     determining the amount of any deduction allowed under chapter 
     1 for taxes imposed under subsection (a).''.
       (c) Coordination With Deductions and Other Credits.--
       (1) Deductions.--Section 280C(a) of the Internal Revenue 
     Code of 1986 is amended by inserting ``45CC(a),'' after 
     ``45S(a),''.
       (2) Other credits.--
       (A) Section 41(b)(2)(D) of such Code is amended by adding 
     at the end the following:
       ``(iv) Exclusion for wages to which first employee wage 
     credit applies.--The term `wages' shall not include any 
     amount taken into account in determining the credit under 
     section 45CC.''.
       (B) Section 45A(b)(1) of such Code is amended by adding at 
     the end the following:
       ``(C) Coordination with first employee wage credit.--The 
     term `qualified wages' shall not include wages if any portion 
     of such wages is taken into account in determining the credit 
     under section 45CC.''.
       (C) Section 1396(c)(3) of such Code is amended--
       (i) by striking ``section 51'' each place it appears and 
     inserting ``section 45CC or 51'', and
       (ii) by inserting ``and first employee wage'' after 
     ``opportunity'' in the heading thereof.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2026.
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