Sec. 301. Credit for employer provided adult English literacy and basic education programs
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Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: For the purposes of section 38, the credit determined under this section with respect to any employer for the taxable year is an amount equal to 20 percent of qualified education program expenses, or no more than $1,000 per full-time employee participating in the qualified education program. For purposes of this section:
The term qualified education program expenses means expenses paid or incurred by an employer to make available qualified education to employees of the employer, who are English language learners or have not received a secondary school diploma, or its recognized equivalent, or who lack sufficient mastery of basic educational skills to enable the individuals to function effectively in society. The term qualified education means adult education and literacy activities provided— by an eligible provider which for the fiscal year ending during the employer’s taxable year receives Federal funds under section 231 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3321 ) for adult education and literacy activities, or in curriculum approved by the Department of Education, the Employment and Training Administration of the Department of Labor, or in current use by a Federal agency.
The terms eligible provider , and adult education and literacy activities shall have the respective meanings given to such terms in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ). The term English language learner shall have the same meaning given to such term in section 9101(25) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(25) ), as amended by section 102(b)(1) of the Strengthen and Unite Communities with Civics Education and English Development Act of 2015.
For purposes of this section: An employee shall be considered full-time if such employee is employed at least 30 hours per week for 25 or more calendar weeks in the taxable year. All persons treated as a single employer under subsection
(a)or
(b)or section 52, or subsection
(m)or
(o)of section 414, shall be treated as one person. No deduction or credit shall be allowed under any other provision of this chapter for any amount taken into account in determining the credit under this section. A taxpayer may elect (at such time and in such manner as the Secretary may by regulations prescribe) to have this section not apply for any taxable year. . Subsection
(b)of section 38 of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph
(36)and inserting , plus , and by adding at the end the following new paragraph: the adult English literacy and basic education programs credit determined under section 45Q. . The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of section 45S of the Internal Revenue Code of 1986 (as added by this section). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to taxpayers such possession by reason of the application of section 45S of such Code (as so added) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the taxpayers of such possession. The credit allowed against United States income taxes for any taxable year under section 38 of such Code to any taxpayer shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this subsection for such taxable year. For purposes of this subsection, the term possession of the United States includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit provisions described in such section. The table of sections for subpart D of part IV of subchapter A of chapter 1 of the such Code is amended by adding at the end the following new item: 45S. Employer-provided adult English literacy and basic education programs. . The amendments made by this section shall apply to taxable years beginning after December 31, 2015.
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Sec. 301
Credit for employer provided adult English literacy and basic education programs
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