Sec. 128. Certain tax benefits and simplification with respect to election workers
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This section may be cited as the . Election Worker Employer Participation Act Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139H the following new section: Gross income shall not include qualified election worker compensation. The amount excludible from gross income under subsection
(a)with respect to any taxpayer for any taxable year shall not exceed the dollar amount in effect under section 3121(b)(7)(F)(iv) for the calendar year in which such taxable year begins. For purposes of this section, the term qualified election worker compensation means amounts otherwise includible in gross income which are paid by a State, political subdivision of a State, or any instrumentality of a State or any political subdivision thereof, for the service of an individual as an election official or election worker (within the meaning of section 3121(b)(7)(F)(iv)). . The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139H the following new item: Sec. 139I. Certain compensation of election workers. . Section 127(c) of such Code is amended by adding at the end the following new paragraph: In the case of any payment by a State, political subdivision of a State, or any instrumentality of a State or any political subdivision thereof, for the service of an individual as an election official or election worker (within the meaning of section 3121(b)(7)(F)(iv)), paragraph (1)(B) shall be applied without regard to the phrase in the case of payments made before January 1, 2026, . . Section 6041 of such Code is amended by adding at the end the following new subsection: In the case of any payment by a State, political subdivision of a State, or any instrumentality of a State or any political subdivision thereof, for the service of an individual as an election official or election worker (within the meaning of section 3121(b)(7)(F)(iv)), the determination of whether the $600 threshold described in subsection
(a)has been met with respect to such individual shall be determined by not taking into account— any such payment which is qualified election worker compensation (as defined in section 139I(c)) which does not exceed the limitation described in section 139I(b), and any such payment which is excludible from the gross income of such individual under section 127. . The amendments made by this section shall apply to payments made after December 31, 2022, in taxable years ending after such date.