Temporary Payroll Tax Cut Continuation Act of 2011 (P.L. 112-78)
Temporary Payroll Tax Cut Continuation Act of 2011 (P.L. 112-78)
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H.R. 3765, Enrolled Bill
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To extend the payroll tax holiday, unemployment compensation, Medicare physician payment, provide for the consideration of the Keystone XL pipeline, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Temporary Payroll Tax Cut Continuation Act of 2011".
(b) TABLE OF CONTENTS. -- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 202. Extended unemployment benefits under the Railroad Unemployment Insurance Act.
* * * * *
SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY.
(a) IN GENERAL. -- Subsection (c) of section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401 note) is amended to read as follows:
"(c) PAYROLL TAX HOLIDAY PERIOD. -- The term 'payroll tax holiday period' means --
"(1) in the case of the tax described in subsection (a)(1), calendar years 2011 and 2012, and
"(2) in the case of the taxes described in subsection (a)(2), the period beginning January 1, 2011, and ending February 29, 2012.".
(b) SPECIAL RULES FOR 2012. -- Section 601 of such Act (26 U.S.C. 1401 note) is amended by adding at the end the following new subsection:
"(f) SPECIAL RULES FOR 2012. --
"(1) LIMITATION ON SELF-EMPLOYMENT INCOME. -- In the case of any taxable year beginning in 2012, subsection (a)(1) shall only apply with respect to so much of the taxpayer's self-employment income (as defined in section 1402(b) of the Internal Revenue Code of 1986) as does not exceed the excess (if any) of --
"(A) $18,350, over
"(B) the amount of wages and compensation received during the portion of the payroll tax holiday period occurring during 2012 subject to tax under section 3101(a) of such Code or section 3201(a) of such Code.
"(2) COORDINATION WITH DEDUCTION FOR EMPLOYMENT TAXES. -- In the case of a taxable year beginning in 2012, subparagraph (A) of subsection (b)(2) shall be applied as if it read as follows:
"'(A) the sum of --
" '(i) 59.6 percent of the portion of such taxes attributable to the tax imposed by section 1401(a) of such Code (determined after the application of this section) on so much of self-employment income (as defined in section 1402(b) of such Code) as does not exceed the amount of self-employment income described in paragraph (1), plus
" '(ii) one-half of the portion of such taxes attributable to the tax imposed by section 1401(a) of such Code (determined without regard to this section) on self-employment income (as so defined) in excess of such amount, plus'.".
"(g) RECAPTURE OF EXCESS BENEFIT. --
"(1) IN GENERAL. -- There is hereby imposed on the income of every individual a tax equal to 2 percent of the sum of wages (within the meaning of section 3121(a)(1) of the Internal Revenue Code of 1986) and compensation (to which section 3201(a) of such Code applies) received during the period beginning January 1, 2012, and ending February 29, 2012, to the extent the amount of such sum exceeds $18,350.
"(2) REGULATIONS. -- The Secretary of the Treasury or the Secretary's delegate shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection, including guidance for payment by the employee of the tax imposed by paragraph (1).".
(d) TECHNICAL AMENDMENTS. -- Paragraph (2) of section 601(b) of such Act (26 U.S.C. 1401 note) is amended --
(1) by inserting "of such Code" after "164(f)",
(2) by inserting "of such Code" after "1401(a)" in subparagraph (A), and
(3) by inserting "of such Code" after "1401(b)" in subparagraph (B).
(e) EFFECTIVE DATES. --
(1) IN GENERAL. -- Except as provided in paragraph (2), the amendments made by this section shall apply to remuneration received, and taxable years beginning, after December 31, 2011.
(2) TECHNICAL AMENDMENTS. -- The amendments made by subsection (d) shall take effect as if included in the enactment of section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.
SEC. 201. TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION PROVISIONS.
(a) IN GENERAL. -- (1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended --
(B) in the heading for subsection (b)(2), by striking "JANUARY 3, 2012" and inserting "MARCH 6, 2012"; and
(C) in subsection (b)(3), by striking "June 9, 2012" and inserting "August 15, 2012".
(2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended --
(A) by striking "January 4, 2012" each place it appears and inserting "March 7, 2012"; and
(B) in subsection (c), by striking "June 11, 2012" and inserting "August 15, 2012".
(3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking "June 10, 2012" and inserting "August 15, 2012".
(4) Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended --
(A) in subsection (d), in the second sentence of the flush matter following paragraph (2), by striking "December 31, 2011" and inserting "February 29, 2012"; and
(B) in subsection (f)(2), by striking "December 31, 2011" and inserting "February 29, 2012".
(1) in subparagraph (F), by striking "and" at the end; and
(2) by inserting after subparagraph (G) the following:
"(H) the amendments made by section 201(a)(1) of the Temporary Payroll Tax Cut Continuation Act of 2011; and".
SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
(a) EXTENSION. -- Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111-92) and section 505 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312), is amended --
(1) by striking "June 30, 2011" and inserting "August 31, 2011"; and
(2) by striking "December 31, 2011" and inserting "February 29, 2012".
(b) CLARIFICATION ON AUTHORITY TO USE FUNDS. -- Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of the enactment of this Act.
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