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Code · BILL · 116th Congress · S. 4495 (Introduced in Senate) — To amend the Internal Revenue Code of 1986 to provide for automatic advance refunds of additional stimulus tax credit... · Sec. 2

Sec. 2. Ensuring automatic advance refunds of additional stimulus tax credits for specified individuals

1,217 words·~6 min read·/bill/116/s/4495/is/section-2

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Notwithstanding any other law, with respect to any stimulus tax credit which is allowed to any specified individual who, at the time of any determination of any advance refund of such credit (as described in subsection (b)(1)(C)), has not filed a tax return for such individual’s first taxable year beginning in 2018 or 2019— determine the amount of such advance refund with respect to such individual without regard to any limitation based on income and on the basis of information with respect to such individual which is provided by— in the case of a specified social security beneficiary or a specified supplemental security income recipient, the Commissioner of Social Security, in the case of a specified railroad retirement beneficiary, the Railroad Retirement Board, and in the case of a specified veterans beneficiary, the Secretary of Veterans Affairs (in coordination with, and with the assistance of, the Commissioner of Social Security if appropriate), and with respect to any amount of such advance refund which is determined based upon the number of dependents of the taxpayer, disburse any payment with respect to such amount under rules similar to the rules of paragraph
(7)of section 6428(f) of the Internal Revenue Code of 1986 (as added by section 3). For purposes of this section, the term stimulus tax credit means any tax credit allowed under the Internal Revenue Code of 1986 which— is enacted after March 27, 2020, and before December 31, 2020, is allowed to any eligible individual (as defined in section 6428(d) of such Code), and provides for an advanced refund of such credit in a manner similar to that provided under section 6428(f) of such Code. For purposes of this section, the term specified individual means any individual who is— a specified social security beneficiary, a specified supplemental security income recipient, a specified railroad retirement beneficiary, or a specified veterans beneficiary. For purposes of this section— The term specified social security beneficiary means any individual who, for the last month that ends prior to the date of enactment of the stimulus tax credit, is entitled to any monthly insurance benefit payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq.), including payments made pursuant to sections 202(d), 223(g), and 223(i)(7) of such Act. Such term shall not include any individual if such benefit is not payable for such month by reason of section 202(x) of the Social Security Act ( 42 U.S.C. 402(x) ) or section 1129A of such Act ( 42 U.S.C. 1320a–8a ). For purposes of this section— The term specified supplemental security income recipient means any individual who, for the last month that ends prior to the date of enactment of the stimulus tax credit, is eligible for a monthly benefit payable under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.) (other than a benefit to an individual described in section 1611(e)(1)(B) of such Act ( 42 U.S.C. 1382(e)(1)(B) )), including— payments made pursuant to section 1614(a)(3)(C) of such Act ( 42 U.S.C. 1382c(a)(3)(C) ), payments made pursuant to section 1619(a) ( 42 U.S.C. 1382h ) or subsections (a)(4), (a)(7), or (p)(7) of section 1631 ( 42 U.S.C. 1383 ) of such Act, and State supplementary payments of the type referred to in section 1616(a) of such Act ( 42 U.S.C. 1382e(a) ) (or payments of the type described in section 212(a) of Public Law 93–66 ) which are paid by the Commissioner under an agreement referred to in such section 1616(a) (or section 212(a) of Public Law 93–66 ). Such term shall not include any individual if such monthly benefit is not payable for such month by reason of subsection (e)(1)(A) or (e)(4) of section 1611 ( 42 U.S.C. 1382 ) or section 1129A of such Act ( 42 U.S.C. 1320a–8a ). For purposes of this section, the term specified railroad retirement beneficiary means any individual who, for the last month that ends prior to the date of enactment of the stimulus tax credit, is entitled to a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under— section 2(a)(1) of such Act ( 45 U.S.C. 231a(a)(1) ), section 2(c) of such Act ( 45 U.S.C. 231a(c) ), section 2(d)(1) of such Act ( 45 U.S.C. 231a(d)(1) ), or section 7(b)(2) of such Act ( 45 U.S.C. 231f(b)(2) ) with respect to any of the benefit payments described in subparagraph (B)(i). For purposes of this section— The term specified veterans beneficiary means any individual who, for the last month that ends prior to the date of enactment of the stimulus tax credit, is entitled to a compensation or pension payment payable under— section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code, section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code, section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code, or section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or
(5)of section 101, title 38, United States Code. Such term shall not include any individual if such compensation or pension payment is not payable, or was reduced, for such month by reason of section 1505, 5313, or 5313B of title 38, United States Code. For purposes of this section, any individual’s status as a specified social security beneficiary, a specified supplemental security income recipient, a specified railroad retirement beneficiary, or a specified veterans beneficiary shall be unaffected by any determination or redetermination of any entitlement to, or eligibility for, any benefit, payment, or compensation, if such determination or redetermination occurs after the last month that ends prior to the date of enactment of the stimulus tax credit. If the benefit, payment, or compensation referred to in subparagraph (B)(i), (C)(i), (D), or (E)(i) with respect to any specified individual is paid to a representative payee or fiduciary, payment by the Secretary of any advance refund with respect to such specified individual shall be made to such individual’s representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. In the case of a payment described in clause
(i)which is made with respect to a specified social security beneficiary or a specified supplemental security income recipient, section 1129(a)(3) of the Social Security Act ( 42 U.S.C. 1320a–8(a)(3) ) shall apply to such payment in the same manner as such section applies to a payment under title II or XVI of such Act. In the case of a payment described in clause
(i)which is made with respect to a specified railroad retirement beneficiary, section 13 of the Railroad Retirement Act ( 45 U.S.C. 231l ) shall apply to such payment in the same manner as such section applies to a payment under such Act. In the case of a payment described in clause
(i)which is made with respect to a specified veterans beneficiary, sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to such payment in the same manner as such sections apply to a payment under such title.
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