Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1306 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1306
55 To amend the Internal Revenue Code of 1986 to exclude from gross income
66 any judgments, awards, and settlements with respect to sexual assault
77 or sexual harassment claims, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 FEBRUARY13, 2025
1010 Ms. L
1111 OISFRANKELof Florida (for herself and Ms. TENNEY) introduced the
1212 following bill; which was referred to the Committee on Ways and Means
1313 A BILL
1414 To amend the Internal Revenue Code of 1986 to exclude
1515 from gross income any judgments, awards, and settle-
1616 ments with respect to sexual assault or sexual harass-
1717 ment claims, and for other purposes.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Tax Fairness for Sur-4
2222 vivors Act’’. 5
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2525 •HR 1306 IH
2626 SEC. 2. EXEMPTING FROM FEDERAL INCOME TAXATION 1
2727 PAYMENTS ALLOCABLE TO SEXUAL ASSAULT 2
2828 OR SEXUAL HARASSMENT CLAIMS. 3
2929 (a) I
3030 NGENERAL.—Part III of subchapter B of chap-4
3131 ter 1 of the Internal Revenue Code of 1986 is amended 5
3232 by inserting before section 140 the following new section: 6
3333 ‘‘SEC. 139J. AMOUNTS RECEIVED AS JUDGMENTS, AWARDS, 7
3434 AND SETTLEMENTS WITH RESPECT TO SEX-8
3535 UAL ASSAULT OR SEXUAL HARASSMENT 9
3636 CLAIMS. 10
3737 ‘‘(a) I
3838 NGENERAL.—In the case of an individual, 11
3939 gross income shall not include any amount received as a 12
4040 judgment, award, or settlement (including backpay, 13
4141 frontpay, punitive damages, reimbursement of attorney’s 14
4242 fees, or any payments made in connection with a release 15
4343 of claims or to resolve or settle claims) whether by lump 16
4444 sum or periodic payments from— 17
4545 ‘‘(1) a claim involving the individual as the vic-18
4646 tim of an alleged nonconsensual sexual act or sexual 19
4747 contact, as such terms are defined in section 2246 20
4848 of title 18, United States Code, or similar applicable 21
4949 Tribal, State, or local law, including when the victim 22
5050 lacks capacity to consent, or 23
5151 ‘‘(2) a claim involving conduct that is alleged to 24
5252 constitute sexual harassment of the individual under 25
5353 applicable Federal, Tribal, State, or local law. 26
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5656 •HR 1306 IH
5757 ‘‘(b) REGULATIONS.—The Secretary shall prescribe 1
5858 such regulations and other guidance as are necessary to 2
5959 carry out the purposes of section, including regulations 3
6060 and other guidance to distinguish amounts received in con-4
6161 nection with a claim described in subsection (a) from other 5
6262 amounts received.’’. 6
6363 (b) S
6464 OCIALSECURITYTAXES.—Section 3121(a) of 7
6565 such Code is amended by striking ‘‘or’’ at the end of para-8
6666 graph (22), by striking the period at the end of paragraph 9
6767 (23) and inserting ‘‘; or’’, and by inserting after para-10
6868 graph (23) the following new paragraph: 11
6969 ‘‘(24) any amount received which is excludable 12
7070 from the gross income of the employee under section 13
7171 139J.’’. 14
7272 (c) R
7373 AILROADRETIREMENTTAX.—Section 3231(e) 15
7474 of such Code is amended by adding at the end the fol-16
7575 lowing new paragraph: 17
7676 ‘‘(13) A
7777 MOUNTS RECEIVED AS JUDGMENTS , 18
7878 AWARDS, AND SETTLEMENTS WITH RESPECT TO 19
7979 SEXUAL ASSAULT OR SEXUAL HARASSMENT 20
8080 CLAIMS.—The term ‘compensation’ shall not include 21
8181 any amount received which is excludable from the 22
8282 gross income of the employee under section 139J.’’. 23
8383 (d) U
8484 NEMPLOYMENT TAXES.—Section 3306(b) of 24
8585 such Code is amended by striking ‘‘or’’ at the end of para-25
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8888 •HR 1306 IH
8989 graph (19), by striking the period at the end of paragraph 1
9090 (20) and inserting ‘‘, or’’, and by inserting after para-2
9191 graph (20) the following new paragraph: 3
9292 ‘‘(21) any amount received which is excludable 4
9393 from the gross income of the employee under section 5
9494 139J.’’. 6
9595 (e) W
9696 AGEWITHHOLDING.—Section 3401 of such 7
9797 Code is amended by striking ‘‘or’’ at the end of paragraph 8
9898 (22), by striking the period at the end of paragraph (23) 9
9999 and inserting ‘‘, or’’, and by inserting after paragraph 10
100100 (23) the following new paragraph: 11
101101 ‘‘(24) any amount received which is excludable 12
102102 from the gross income of the employee under section 13
103103 139J.’’. 14
104104 (f) C
105105 LERICALAMENDMENT.—The table of sections 15
106106 for part III of subchapter B of chapter 1 of the Internal 16
107107 Revenue Code of 1986 is amended by inserting before the 17
108108 item relating to section 140 the following new item: 18
109109 ‘‘Sec. 139J. Amounts received as judgments, awards, and settlements with re-
110110 spect to sexual assault or sexual harassment claims.’’.
111111 (g) EFFECTIVEDATE.—The amendments made by 19
112112 this section shall apply to taxable years beginning after 20
113113 the date of the enactment of this Act. 21
114114 Æ
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